No one ever wants to plan to divorce. However, using a prenuptial agreement is a good way to protect your assets and determine what would happen in the event that you and your spouse do split up. You need to make sure that such an agreement is airtight before its signed and filed away though. Otherwise it can be challenged in a divorce, and that could potentially lead to it being thrown out completely! A Tazewell County prenuptial agreement lawyer from our firm can help you write a fair, legally binding document.
Can a Prenuptial Agreement Be Challenged for Being “Unfair”?
Your definition of the term “unfair” might differ from someone else’s, but if your spouse files for divorce and claims that the provisions of a prenuptial agreement are unfair that can be a problem. If the court agrees with them that the terms of the document are completely lopsided and in favor of one party over another, that can be enough grounds to challenge the agreement and ultimately get it thrown out.
What Are Other Grounds For Challenging a Prenuptial Agreement?
There are a few other good reasons to challenge a prenuptial agreement. Someone can try to argue that the document is invalid if:
- Both parties have not completely disclosed their financial situations
- One party was not given the chance to consult their own attorney
- It was signed under duress or coercion
- One party was not given adequate time to review the agreement before being forced to sign
A prenuptial agreement can be a helpful document, but everyone has to be honest and stay on the same page. If someone tries to take advantage of their spouse by hiding assets or forcing them to sign a document right before a wedding, these can taint the agreement and make it easier to challenge or overturn.
What Happens if There Are Invalid Provisions in a Prenup?
This is another thing that you need to watch out for when drafting a prenup. These documents are supposed to contain details about what would happen to your assets and how property could be split up in a divorce, but some decisions are still supposed to be handled by the courts. Including invalid provisions can risk getting the entire covenant voided.
A good example of this would be child custody. You cannot include a provision about child custody because you do not get to decide that unilaterally or as a couple. Instead, the court looks at what’s in the child’s best interest and decides what kind of custody agreement would be best for them.
Talk to Our Divorce Attorneys
If you are thinking about writing a prenuptial agreement of your own, get some legal assistance. Contact Butler, Giraudo & Meister, P.C. to schedule a consultation and get the help of an experienced attorney. We can help you protect your assets.
