McCoy Fatula, APCMcCoy
Fatula
Located in Roseville, CA
916-945-2780

Do you have reason to believe your prenup is invalid?

You may have looked forward to getting married for months or even years before you finally tied the knot. In fact, your excitement may have even overshadowed any concerns you had about saying "I do" as you likely chalked those concerns up to pre-wedding nerves. Unfortunately, that excitement eventually waned, and you wish you had listened to your concerns sooner.

Now, you are facing a divorce, and you have a considerable amount of worry that the prenuptial agreement you signed will ruin your chances of coming out of your case with a fair division of assets. After all, part of your pre-wedding concerns revolved around signing that prenup in the first place.

Reviewing your concerns

Though you already signed the document, you are not necessarily destined to stick to its terms during your divorce. In fact, the court may not consider the prenup valid if any of the following stipulations apply:

  • If the document was not created in accordance with applicable laws, it may not hold up in court.
  • If your spouse did not provide correct information in the prenup, the court may throw it out.
  • If your spouse did not provide all prudent information, you may not have to adhere to its terms.
  • If you did not have your own legal counsel when going over the document, the court may not consider it fair.
  • If you did not read the document, you may argue that you did not know what you signed.
  • If you felt pressured to sign the document, the court may not consider it valid.
  • If you did read the document, but did not have time to fully consider the terms and negotiate, the court may not enforce it.
  • If the document is not a document at all, meaning you and your spouse came to a verbal agreement, you may argue its unenforceability during your case.

While prenuptial agreements can prove beneficial to both parties in many cases, it may not be true for you. If your soon-to-be ex took advantage of the situation in hopes of using a prenup for a better outcome for him or herself while you were left in the cold, you may have the chance to have the document invalidated.

Building your argument

Even if you believe your prenuptial agreement should not play a role in your divorce case, you will likely still need to present a strong argument to the court as to why they should disregard it. Fortunately, you can work with your legal counsel to determine the best way to present your side to the court and work toward the best possible outcomes.

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