Joel W. Anders, P.C.
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Getting rid of the prenuptial agreement: Null and void

You decided to sign the prenuptial agreement your husband offered you because he brought it up so close to your wedding. You didn't agree with everything inside, but you thought that you needed to sign it to make sure your wedding could go forward as planned.

Now, years later, you're considering getting a divorce but hate that the prenuptial agreement limits your access to your marital property. What can you do? Is there a way to void the agreement?

Not all prenuptial agreements are valid

You are right that some prenuptial agreements can be voided depending on the circumstances of their creation and other factors. For instance, if you were under duress when you signed the prenuptial agreement, your attorney could help you argue that you had no choice but to sign it despite not agreeing to the terms. Similarly, coercion may also result in a prenuptial agreement being thrown out. For example, if your husband says he'll buy you a car you want or offers you something expensive in exchange for signing the prenuptial agreement, that's an obvious sign of coercion.

There are other reasons you could get the prenuptial voided, though. One major reason is if your husband undervalued or failed to disclose assets in the agreement. Those pieces of vital information have to be correct in your prenuptial agreement, and if they aren't, you'll have an opportunity to have the prenuptial agreement thrown out because it was fraudulent.

Prenuptial agreements can't be too one-sided

If your prenuptial agreement is too lopsided, it's likely to get thrown out. There are certain red flags that a judge looks for. For example, if there is a provision that states you may not gain weight or you will lose the right to property in a divorce, the judge is likely to laugh and throw out the prenuptial agreement completely. It's also not appropriate for a prenuptial agreement to remove one party from obligations like child support or overall debts.

It's always important for both parties looking at a prenuptial agreement to have independent attorneys who can review the document. If you didn't work with an attorney before, the document may not hold up in court. You may be able to show you didn't understand what you were signing or did not have an opportunity to review it before you had to sign. The attorney you have now can help you gather information to prove that this prenuptial agreement shouldn't stand up in court.

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