There are potentially several provisions that a couple may have in a prenuptial that may be considered for throwing out by a judge. Any divorce provisions must be fair and not contradict existing state laws. In the case of infidelity there may be issues if it is tired to a spouse potentially losing custody or visitation rights to a child or children.
Infidelity and Lack of Assets
In the case of infidelity where one party is far wealthier than the other, the prenup may state the other party only receives a set portion of the wealth of the other party/
Signing Under Duress
If one person feels pressured to sign a prenuptial agreement, they may explain this to a judge at the time of a divorce. However, it is vital to contact a lawyer as soon as you can, having been coerced to sign.
A Fraudulent Agreement
If all assets and liabilities have not been disclosed prior to the prenup being signed, it may be invalidated. This can also apply if assets or debts have been misrepresented or exaggerated in any form.
Violating State Laws
The prenuptial must not be in violation of current state laws. Especially regarding the division of property, child visitation or custody.
Proper Legal Representation
If one party lacks appropriate legal representation the judge may toss the prenuptial agreement. Each party must have their own independent counsel who can explain the agreement and its terms and conditions fully to the person signing the agreement. This can prevent unreasonable demands being put upon one of the people in the agreement. Therefore, it is vital to have a lawyer examine the document before agreeing and signing said document.
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*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.