It’s not uncommon for married couples to have prenuptial agreements outlining the allocation of money and assets in the event of a divorce. Sometimes, however, prenuptial agreements can be unfair to the soon-to-be ex-spouse or don’t take into account changes that occurred during the marriage. It may be possible to nullify a prenuptial agreement, but a divorcing individual will need the help of a divorce attorney in Oahu to do it.
Reason for Nullification
There are a couple of reasons why a court will nullify a prenuptial agreement:
* Fraud – One party was duped into signing the agreement under false pretenses. For instance, a husband lied about the inclusion of certain assets to get his fiancée to agree to the contract.
* Duress – If one person was threatened or pressured into signing the agreement, that would invalidate the contract. A court may also consider any spouse who signs a prenuptial agreement close to the wedding date to have been pressured into signing.
* Unfair requirements – The contract may also be invalidated if it contains clauses that give one person an unfair advantage or are considered an unreasonable demand. For instance, one spouse requires the other to participate in sex a certain number of times per week.
* Illegal clauses – Prenuptial agreements that contain illegal clauses including those that attempt to regulate child custody or child support issues will be considered invalid.
* No legal review – All prenuptial agreements must be reviewed by attorneys before they are considered valid. Additionally, each party must either have their own lawyer review the document or sign a waiver of counsel.
Getting the Contract Reviewed
The first step to getting a prenuptial agreement nullified is having it reviewed by a divorce attorney in Oahu. Divorcees should also discuss the circumstances surrounding the signing of the document to determine if anything inappropriate occurred that could be used to invalidate the contract; for instance, if one party presented the prenuptial agreement one day before the wedding, then the attorney may be able to get it nullified on that basis.
For help with prenuptial agreements or other divorce issues, contact Greg Ryan & Associates.
