Thursday, April 18, 2013

Did You Know Your Prenup May Be Invalid?

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If you’re from the New York City area, you may have recently heard about a prenuptial agreement a Long Island women had signed with her millionaire husband before their 1998 wedding was thrown out of a Brooklyn court.

Many divorce lawyers took notice of this case and are left wondering, will anymore couples have prenuptial agreements tossed out in court?
Here are five reasons why your contract may be invalid. You might be able to get out of it if:
  • The agreement is fraudulent – The agreement could be thrown out if your spouse did not fully disclose their income or assets at the time of signing.
  • The agreement was coerced, signed under duress or without mental capacity – If you were ill or under the influence of drugs at the time of signing, you may have a shot at having the prenup thrown out.
  • Improperly filed paperwork – A poorly drafted agreement could be invalid.
  • Signed without legal representation – Independent parties are usually required and recommended. If you made the mistake of not having one when you signed, it may work in your favor!
  • It contains unreal provisions – If there are rules that sound ridiculous, such as; no child support to be paid, no weight gain, etc. it may be enough to invalidate the prenup.

Remember to consult with a professional whether you are thinking about signing a prenup or trying to get out of one. Check out the full article HERE.

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