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Ways to invalidate a prenuptial or postnuptial agreement

| Feb 21, 2019 | Prenuptial Agreements & Postnuptial Agreements |

Entering into a prenuptial or postnuptial agreement can be a great way to alleviate financial concerns that may arise in the event of divorce. Many who enter into these agreements find that they are better able to focus on their relationship without worrying about potential financial issues that may or may not arise in the future. The ramifications of these agreements can have a profound impact, though, which is why Floridians should be diligent and careful before entering into one of them.

But, what about if one has already entered into one of these agreements? Is there a way out? It depends. There are some ways to invalidate a prenuptial or postnuptial agreement, but the burden is on the individual who is seeking invalidation to prove why the agreement should be invalidated. To start, agreements that are verbal in nature and are not commemorated in writing will be deemed invalid. Also, agreements that are improperly executed, such as by lacking the signature of both parties, can be successfully challenged.

There are other ways to seek invalidation, though. Many people argue that they were coerced into signing the agreement, which means that they were pressured into agreeing to and signing off on the terms of an agreement. A prenuptial or postnuptial agreement may also be deemed invalid if an individual did not have ample time to read it prior to signing, certain provisions are illegal or if the agreement was based on false or misinformation. This latter situation can include when one spouse lies about his or her income, assets or debts.

Challenging a prenuptial or postnuptial agreement can be challenging, but if the evidence exists then successful legal arguments can be presented. Those hoping to invalidate one of these agreements should speak to an experienced legal professional who can help them assess the situation and determine an effective way forward.

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