Regretting a Prenup?
When you got married, you were certain it would be a forever love. When your partner requested that you sign a prenup, you figured that since you would never consider divorce the prenup was simply a meaningless piece of paper, worthy of being forgotten. You quickly signed it and prepared for marital bliss. No one was more surprised than you when things fell apart. Suddenly, that piece of paper you signed seems a little more important.
Can a Prenup be Broken?
Getting out of a prenuptial agreement can be difficult, but is not necessarily impossible. There are specific circumstances that lend themselves to this situation:
- You were coerced or signed under duress. A common example of coercion is when the wedding is all planned, invitations sent out, and your partner surprises you by requesting a prenuptial agreement. Maybe you really didn’t feel comfortable with it, but the wedding was just days away so you went ahead and signed.
- The signed agreement was unfair because one person hid assets. Maybe there was another source of income, maybe there was a beachfront condo in the Bahamas. Either way, if both parties failed to lay it all on the table before signing, the document could be nullified.
- You had no legal counsel at the time you signed. Yes, an attorney was involved, but not one who represented your interests!
- The terms are just not fair. The agreement could be deemed unconscionable if it’s so lopsided that one person is being rooked.
- The agreement was not properly executed, wasn’t signed off by a notary, or was verbal rather than written.
Modifying a Prenup
In some situations, a prenuptial agreement may be pretty solid, but modifications are still possible. For example, when circumstances change dramatically, what seemed fair initially may not be fair today:
- You were both in excellent health when you married, but one of you has a debilitating condition now, requiring more support.
- You had no children before but now require more support because you have a family (even if you’d originally agreed for forego child support, the court must follow public policies that require it.
- The agreement as a whole may hold up, while specific clauses seem unreasonable and could be amended by a judge.
Worth Knowing
For what it’s worth, couples can revoke or amend a prenup at any time by agreeing to do so in writing, or by drafting a postnuptial agreement that lays out different terms.
Looking Out for You
At Courtney & Mills our top priority is you, and our Springfield family lawyers always strive to achieve the best possible outcomes for you. To discuss, schedule a confidential consultation in our office today.
