April 23, 2014
Continuing from 6 Ways to Dispute a Prenuptial Agreement (Pt. 1), below are a few more arguments that can be used to argue that a prenup should not be upheld during a divorce.
- The prenup wasn’t executed properly – Like any official legal contract, a prenuptial agreement must be executed by both parties who are agreeing to it. This means that both parties (i.e., the spouses) need to read, sign and date the document prior to getting married in order for the prenuptial agreement to be considered to have been properly executed and to later hold up in court.
If one party never signed the prenup, signed the prenup after having gotten married or knows that his or her signature was forged on the document, the prenup will be invalid and can be thrown out of court.
- Your spouse pressured you into signing the prenup – Any sort of pressure or coercive tactics cannot be used to try to force one party into signing a prenuptial agreement. When this is the case, the prenup will be invalidated. It’s important to point out here that proving that force or coercion was used to get someone to sign a prenup can be especially challenging, as these arguments generally come down to “he says” versus “she says” debates in court (with the party who seems to be more credible usually wining these debates).
- You didn’t have time to fully consider the prenup prior to signing it – Part of the validity of prenuptial agreements is based on the notion that both parties had ample time to think about the terms of the agreement prior to signing it. When a prenup is handed to one spouse immediately before getting married, it may be possible to dispute the validity of that agreement based on the fact that there was not time for that individual to properly consider the terms of the prenup (s)he was signing.
Check out the third part of this blog for some additional info about disputing prenups during divorce.
Castlerock, Colorado Divorce Lawyers at Bahr and Kreidle
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If you need help disputing a prenuptial agreement or with any family law matter, our Castlerock divorce lawyers urge you to get more information about your rights by meeting with us for a free, no obligations initial consultation. To set up a meeting, call us at (303) 794-7422 or email us using the form on this page.
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