How to nullify a prenuptial agreement
Most divorce processes often end with disagreement as far as property and wealth distribution is concerned. In some instances, former spouses usually don’t see eye to eye, due to high emotions that lead to disagreements.
Oftentimes, when a prenuptial agreement is involved rather than easing the divorce process, it adds salt to injury especially when one party feels that they might have gotten the short end of the stick.
What is a prenuptial agreement?
This particular agreement is a contract between a couple before marriage. A prenup specifies what assets or finances each party has control over during and after marriage. In other words, a premarital or prenup agreement replaces all default legal rights that spouses have in the event of a divorce or death.
Although prenups are difficult to overrule, under certain circumstances, they can be declared null and void. Below are some of the conditions under which a prenuptial agreement is nullified.
- Unconscionability
A prenup is considered null and void when there are strong grounds to prove unfair or unjust terms of one spouse. A prenup signed between a couple that each party builds their wealth to their name separately can be dismissed on certain grounds. A good example is if one party managed to build additional wealth while the other spouse didn’t due to family obligations. Under such circumstances, a judge can dismiss the entire document or the part that is unconscionable. It’s worth pointing out, however, that a prenup doesn’t automatically become invalid when after divorce, one party gets more than the other as per the initial agreement.
- Lack of asset disclosure
A prenup can be annulled when one spouse fails to disclose their entire finances/assets or debt before signing the document. When new assets or finances that were excluded in the prenuptial agreement are revealed after divorce, the agreement is termed null and void. The argument is that the plaintiff signed a fraudulent document.
- Evidence of coercion
When there is sufficient evidence that a prenup was signed under duress, then there’s a high likelihood that it will be dismissed in court. For instance, a prenup the same day you walk down the aisle is a clear indication of coercion.
Duress also applies when one party can prove that they were under the influence when signing the prenup. Lastly, coercion also applies in the event that a spouse is denied the opportunity to seek an independent legal review before officially committing to the terms and conditions.
- Unforeseen circumstances
A prenup may be nullified when something unforeseeable that might violate the prenuptial agreement happens. For instance, the document can be dismissed in court when something tragic happens to one of the spouses during their marriage that incapacitates them. Under such circumstances, the right to alimony after separation is granted.
Conclusion
Prenuptial agreement cases are complex by nature hence they require legal expertise. Whatever the reason is for a prenup nullification, always ensure that you have strong grounds to rule in your favor. On the other hand, if you happen to have any injury case, whether it’s a car accident, police misconduct, or dog bite case, Mike Morse Injury Law Firm Midland, MI ‘ is your go-to legal partner.
