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How To Challenge a Prenuptial Agreement In a Divorce

Divorce LawyerPrenuptial agreements often get a bad rap, because of how they are depicted in movies and on TV shows. But for people who enter into a marriage with significant assets, a prenuptial agreement gives them the power to decide which of those assets to protect in the event of a future divorce.

But not every prenuptial agreement will stand up to close, legal scrutiny, and if you’re going through a divorce, there are some effective ways to challenge the conditions of this type of contract.

Common Strategies To Invalidate a Prenuptial Agreement In a Divorce 

Although a person with wealth has the right to protect his or her assets prior to a marriage, a prenuptial agreement must follow certain legal rules. And some of the common strategies to challenge this agreement include:

  • Signed Under Duress – If you signed the prenup under duress from a lawyer or from your future spouse, you can challenge its legitimacy.
  • Signed Without Reading – If your spouse gave you a number of documents and asked you to sign them without telling you what they were, and those documents included a prenup, you have grounds to invalidate the agreement.
  • Signed After Wedding – By definition, a prenup must be signed prior to a wedding, so any agreement signed after the wedding would not apply.
  • Signed After Receiving Incomplete Information – If you signed the prenup after your future spouse gave you incomplete information about his or her financial status, you could have grounds to invalidate the agreement. For example, your spouse failed to disclose offshore assets worth millions when you signed the prenup.
  • Signed After Receiving False Information – Before you sign a prenup, the person making you sign the agreement must truthfully reveal all his or her assets, income and debt. If that information was knowingly false when you signed the agreement, you may have solid grounds to challenge the legality of the prenup.
  • Signed Invalid Agreement – A prenup cannot include any provisions related to child support or child custody. If you signed a prenup that includes these provisions, a judge would invalidate those aspects of the agreement, but could decide to enforce the other provisions of the prenup, as long as they stand up to legal scrutiny. 

Finding An Experienced Divorce Lawyer

Are you trying to challenge a prenup in your divorce based on conditions you know were unfair or illegal when you signed? Then you need an experienced law firm to represent you, because even if things go well in terms of settling all major issues, you are still going to be left with picking up the pieces and moving on with your life. That’s why one of the biggest decisions you will make in a divorce is finding the right law firm to represent you.  A lot of attorneys trumpet their years of experience, but what good is experience if it isn’t backed up by a demonstrated track record of success? Can the law firm you are thinking about hiring show you what it’s done for other clients? Does the firm have testimonials of people you can actually talk to about their experience? The Estevez-Pazos Law Firm has more than a decade of experience in family law and divorce cases. Please call us today at 305-717-7130 to see how we can help you.

Additional Reading

2018 Divorce: 5 Things to Prepare

5 Common Family Law Issues In Miami

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