Prenuptial agreements exist to offer protection for both parties. However, they are often written by nefarious attorneys who show bias to one party over the other. In the event of a divorce, this situation can often give one side the feeling of regret. So is it possible to get out of a prenup?
In some cases, there are extenuating factors that can lead to your marital agreement being overturned or found invalid. While each prenup is unique to the individual couple, there are some factors that could void it. Here’s what you should know about the most common factors that can help you get out of a prenup.
How to Get Out of a Prenup
A premarital agreement may be found invalid if you can prove that you felt pressured by the other side to sign it before the marriage. This includes pressure from your spouse-to-be, their attorney, or other family members. Basically, anyone who is acting on their behalf to influence your signature.
You can also get out of a prenup if there are invalid provisions within the agreement. It is possible for a prenuptial agreement to incorporate just about any financial aspect between a couple. However, it cannot modify or attempt to modify any of the potential child support obligations either side may have in the event of a divorce.
If your marital agreement attempts to modify these obligations or includes any other provisions that would violate local, state, or U.S. laws, your agreement may be invalid.
You can get out of a prenup if there is proof that your spouse provided false, deceptive, or incomplete information. Failing to provide relevant and related information is just as unacceptable as it would be to provide false information.
Representation for Both Sides
In some states, it’s an absolute requirement that both parties have independent counsel who represents each individual’s interests. In states where this isn’t a requirement, you may still get out of a prenup with a successful argument regarding the lack of independent counsel.
You can get out of a prenup if the terms of the agreement are found to be unconscionable. In other words, if they find that the terms set forth at the time of signing were extremely unreasonable. And this is regardless of your existing signature agreeing to them in the event of a divorce.
If the terms of your agreement are grossly unfair, you may be able to get out of a prenup. Especially if the terms ensure inevitable and extreme financial hardship for one side – as the other side would benefit financially.
A Trusted Name for Family Law in Arizona
Ogborne Law understands the importance of building a stronger relationship by having an open and honest conversation in regards to the realities of marriage and finances. Of course, the last thing you want to think about as you plan your wedding is the possibility of divorce, but it’s important to be realistic as well.
If you, unfortunately, worked with an attorney who chose a more adversarial approach to drafting your prenup agreement and you are now facing a divorce, it’s important to consult with a knowledgeable attorney to explore your options and protect your interests.
If you have questions about the validity of your marital agreement or would like to know if your circumstances offer the potential for you to get out of a prenup – contact us online or call 602.343.1435 and schedule your consultation today.
Engaging with an attorney to protect your family is never an easy step. Whether you need to protect your family from the unthinkable or restructure your family through collaborative divorce, we’re here to help. When you’re ready to schedule a consultation with Michelle Ogborne, please visit the scheduling page to get started.