Breaking a Prenuptial Agreement

A prenuptial agreement, or prenup, is a touchy subject, almost taboo even. Signed before the wedding occurs, it is a legal contract designed to protect a person’s assets should their marriage break down. Bound by law, it is not possible to get out of a prenuptial agreement unless unlawful activity concerning the contract is proved. However, what happens if your spouse breaks a prenup? This article will examine the possible outcomes of that decision and explore the rights of both parties in this case. How a Prenup can be Broken 1. Coercion A prenuptial agreement (also known as a premarital agreement) is hard to break. However, there are some conditions under which a prenup can lawfully be broken. If under any circumstances, you coerced your spouse into signing the prenup, the court can get the contract thrown out. 2. Hasty Agreement If you have presented a prenuptial agreement to your spouse minutes before your wedding, it is under the discretion of the law to invalidate the prenup, as your spouse was not given enough time to think it over and make a careful decision. 3. Fraud If there was an attempt to commit fraud by failing to disclose all of your assets and debts in the premarital agreement, the court is at liberty to nullify the contract. As required by law, there must be two witnesses at the moment the prenuptial agreement is signed. In any event that there are no witnesses, the contract can be invalidated. How to Avoid Invalidation of Your Agreement Be sure you follow the law completely when presenting a prenup to your soon-to-be spouse. Give him or her adequate time to look the agreement over, and do not pressure them to sign. Avoid fraud by disclosing all your assets, including your debts in the prenup and have at least two witnesses at the time of signing. To lawfully protect your assets, it is best to have an attorney present at signing for both parties. Your attorney will guide you through and help you understand the terms of the agreement. He or she will help you make the best, most lawful decision when the time comes to sign. Should your spouse choose not to follow the prenuptial agreement, you should hire a lawyer to take your spouse to civil court. If the prenup they signed under lawful standing, your spouse is required by law to uphold it if your marriage breaks down. If you are seeking an attorney of family law in Grove City, contact  Jeff Buskirk & Associates to learn how they can serve you.