How Might You Nullify A Prenup?
A prenuptial agreement is a common tool for trying to control how the end of a marriage might hold. This is especially the case when it comes to the division of assets and debts. You may wonder, though, whether and how you might nullify a prenup.
If you speak with a divorce attorney, they'll tell you there are three potential arguments for nullifying an agreement. Let's look at each one and how they may apply to your circumstances.
Unconscionable Terms
The core principle of the American divorce system is the notion of equitability. Notably, this doesn't mean both sides get a 50–50 split. However, it does mean there ought to be some sense of fairness in how the distribution of assets will work.
Even though both sides signed a prenuptial agreement, that doesn't guarantee a court will see it as equitable. Although it's understood there might have been some horse-trading in arriving at the prenuptial agreement, there still needs to be something resembling equity. If the less financially advantaged party is asked to only take 10 percent of the common property from the marriage, for example, that might be deemed unconscionable. No court wants to see either ex-partner from a marriage left in a financially difficult situation, even if they signed an agreement.
Failure to Fully Disclose Assets and Debts
For an agreement to be valid, both parties have to fully disclose their assets and debts going into the marriage. Likewise, they'll need to do the same by having their divorce lawyer present a full accounting of assets and liabilities at the end of the union.
If your ex hid money in an overseas account, for example, that would be considered a failure to disclose. You could then petition the court to invalidate the prenup.
Duress, Coercion, or Insufficient Review
A court will frown upon learning that either party created undue pressures prior to signing. For example, presenting a prenuptial agreement to the other person the day before the wedding is a bad idea. If both parties sign, it's hard to say the one that received the paperwork at the last moment had a fair chance to review it.
Similarly, pressuring the other party to sign the agreement isn't acceptable. For example, no one should have insisted the agreement was the price of getting married. Both partners have to enter into the agreement without duress or coercion, otherwise, a judge might nullify the deal.
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