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A prenuptial agreement: Legal or invalid?

You and your spouse have decided to get a divorce, but there's something that you had to remind them of: You signed a prenuptial agreement. Your agreement seemed fair at the time, but your spouse is now claiming that it wasn't fair and wants to back out of it.

This is a tricky situation. If the prenuptial agreement was created the right way, it will remain binding, but if not, then you could find yourself in a series of negotiations during divorce that you previously thought that you had planned for.

What makes a prenuptial agreement legal?

In most cases, prenuptial agreements will be legal if the other person:

  • had enough time to review it
  • was not coerced into signing it
  • had it reviewed by an independent attorney
  • signed a written prenuptial agreement
  • agreed to the provisions (and there are no invalid provisions)

Prenuptial agreements will usually be upheld so long as they are complete, were read over by both parties, were signed willingly and were made in good conscience. The other party may not like the prenuptial agreement, but if they had their own independent counsel review it and signed it after doing so, then your case will be much stronger.

What should you do if you think your prenuptial agreement is invalid?

If you think the prenuptial agreement may be invalid, it's time to speak with your attorney. They will be able to go over the situation with you and help you understand if your prenuptial agreement has any standing in court. If not, you may need to start divorce negotiations.

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