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Can you get a prenuptial agreement thrown out for your divorce?

On Behalf of | Sep 7, 2016 | Prenuptial Agreements

If you’ve signed a prenuptial agreement and think it shouldn’t apply to you any longer, you might be right if you can point out one of the following issues with the contract. There are a few reasons why a prenuptial agreement might be invalid. For instance, if you were pressured into signing the agreement, you can speak with your attorney and make this claim in court. If the court finds your argument is legitimate, then your prenuptial agreement may be thrown out.

Another reason the prenuptial agreement might be thrown out is if it wasn’t written down. To enforce an agreement, the agreement must be in writing. Both of you must have signed the agreement before your marriage for it to be legal; if this didn’t take place, then the prenuptial agreement won’t hold up in court.

An interesting reason for a prenuptial agreement to be thrown out is if a party didn’t have time to consider it. Here’s an example. If you were getting married on May 4, but you were given a prenuptial agreement that had to be signed the day before, you could argue that you had to sign to avoid disrupting your wedding.

Other things that might make a prenuptial agreement invalid include invalid provisions, false information or if the provisions in the agreement are unconscionable. The latter means that if one person is going to suffer or be treated unfairly because of the agreement, a court can decide to throw it out. If you and your attorney believe this to be the case, presenting evidence to the judge may help.

Source: FindLaw, “Top 10 Reasons a Premarital Agreement May be Invalid,” accessed Sep. 08, 2016


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