Are You Regretting that You Signed a Prenup?
You were certain it would be a forever love when you tied the knot. Signing a prenup at your partner’s request seemed like no biggie because you’d never get divorced from your soul mate anyway. The prenup was merely an insignificant piece of paper, worthy of being forgotten. You quickly signed it and put it out of your mind, instead readying yourself for marital bliss. When things fell apart no one was more surprised than you. Suddenly, that piece of paper you’d nearly forgotten seems a little more significant.
I Want Out of My Prenup!
Getting out of a prenuptial agreement can be tricky, but it is not necessarily impossible. There are unambiguous circumstances that make your case a lot stronger:
- Duress or Coercion: One common example of coercion/duress is when the wedding is completely planned, invitations have been sent out, and your partner shocks you by requesting a prenuptial agreement. Even though you really didn’t feel happy about it you went ahead and signed because the wedding was just days away. You didn’t want to blow the whole marriage by refusing!
- Hidden Assets: Perhaps it was another source of income, or maybe there was a beachfront condo in the Virgin Isles. Whatever it was, if both parties failed to lay out all financial matters clearly before signing a prenuptial agreement, the document could be nullified.
- Lack of Counsel: Sure, an attorney was involved in drafting the prenup, but not one who represented your interests!
- The Terms are Blatantly Unfair: The agreement could be deemed unconscionable if it’s so lopsided that one person is clearly being hornswoggled.
- Other Issues: The agreement was not signed off by a notary, properly executed, or was verbal rather than written.
Altering a Prenup
A prenuptial agreement may seem pretty solid overall, but require certain modifications nonetheless. For example, if circumstances change dramatically, what seemed fair at the time of signing may not be fair today:
- Both parties were in excellent health when you married, but one of you has an incapacitating condition now, making greater access to resources essential.
- As a couple you had no children at the time the agreement was signed, but now you have a family, which changes everything! (Even if you’d originally agreed to 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.
One More Thing…
One more thing worth noting is that couples can amend or revoke a prenup at any time by agreeing to do so in writing, or by drafting a postnuptial agreement that supersedes the original document.
Looking Out for You
At WiseLieberman our top priority is you, and our Boca Raton family lawyers always strive to achieve the best possible outcomes for you. To discuss, schedule a confidential consultation in our office today.
