Main Reasons to Invalidate Prenuptial Agreements

If you face a potential dispute over a divorce, custody or prenuptial agreement, or for other reasons, a family law attorney can assist you with a fair representation of the parties in the process. Your lawyer will work to get the best result possible. The first step is to find a prenuptial agreement lawyer Long Beach in your area.

IT IS NOT WRITTEN-   Prenuptial agreements must be in writing to be enforceable.

NOT DONE PROPERLY- Both parties must sign the prenuptial agreement before the wedding for the agreement to be considered valid.

THERE WAS PRESSURE- A prenuptial agreement may not be valid if one of the spouses was pressured by the other (or by their lawyer or family) to sign the agreement.

THERE WAS NO TIME FOR CONSIDERATIONS- Spouses should be given time to review the prenuptial agreement and think about whether they want to sign it. If the groom gives the contract and a pen to the bride and asks her to sign it just before she says "I agree," the agreement is likely to be invalid.

INVALID CLAUSES- Although a prenuptial agreement can cover almost every financial aspect of the couple, it can not in any way modify the child support obligations that either spouse would have if a divorce were given. Any other provision of the agreement that violates the law will also be invalid. However, it is possible that the court will overrule the unlawful clauses and enforce the rest of the agreement.

FALSE INFORMATION- A prenuptial agreement lawyer Newport enters into force only when both parties have disclosed all their capital, i.e. their income, assets and debts. If one of the spouses gives false information to the other, the agreement is invalid.

INCOMPLETE INFORMATION- Failure to provide the relevant information is as harmful as providing false information and also invalidates the prenuptial agreement.

SHARING THE LAWYER- Because the interests of each party are at stake, in a prenuptial agreement each party should (and in some states, must) be represented by its private attorney. Otherwise, the agreement will not be enforceable.