A prenup is an understanding between couples as to which of their assets will be shared, which will belong solely to them, and in the event of a divorce, what financial provision will be made. Known also as an antenuptial agreement, a prenuptial agreement is a contract drawn up by a couple prior to tying the knot. If the marriage were to end and the couple wanted to nullify a prenuptial agreement, the possibility is there to have it nullified or declared void.
What’s yours is Yours
This prenuptial agreement lists all of the property each one of the couples owns and also mentions what each person’s property rights will be. A couple needs to be careful when signing an antenuptial contract and make sure that the contents are correct.
They have to check that all the necessary provisions are laid out in the contract to ensure its validity. Not making sure can actually result in a marriage in a community of property even when this wasn’t what the couple wanted.
A prenuptial agreement can’t be vague
If a prenuptial agreement is incoherent or vague in certain respects, it isn’t looked upon as being valid. There is no certainty with the meaning of the contract and what the parties were wanting to actually achieve.
If a couple wants to challenge the prenup they will want the help of a skilled divorce attorney to review the agreement. The PS Stepanian Law Firm knows too well that divorce and family court cases are always emotionally charged and it’s why you want decent, reputable lawyers. They know that a prenup agreement can be nullified but it is very difficult with the courts.
Non-disclosure a reason for nullification
One of the common grounds for nullifying a prenup can be duress but this can be difficult to prove. Also, different states have different standards for what duress means. Certainly, if you lacked the mental capacity to understand the prenup upon signing, it can be a reason to invalidate it.
Unconscionability is when the agreement is unfair to one party. Failure to disclose assets will also mean that the contract can be nullified. A prenuptial agreement requires each person to make full disclosure of all their assets. If one of the couples can prove the other didn’t disclose their assets at the time the prenup was signed, it is ground to have the agreement thrown out.
Understand all the terms of your prenup
Couples are always encouraged to read their contracts thoroughly to make sure they understand the terms. You don’t want to be wondering the whole time if your prenuptial agreement will be enforceable come the day so it is better to hire a lawyer to explain the pros and cons.
Certainly, if they are thinking about a prenuptial agreement, they should be well informed about these pros and cons of prenuptial agreements which can be so adequately explained by an experienced prenuptial attorney.