How to Break a Prenuptial Agreement

Prenuptial agreements protect spouses' rights to their assets and income that they amass during their marriage. While we like to think of contracts such a prenup as being unbreakable, that's far from the case.

An increasing number of couples, including wealthy individuals, have begun requesting that their future spouses sign prenups during the past two decades. As more have signed these documents before walking down the aisle, more divorcing spouses are looking for a way to have theirs thrown out when they split.

It's possible that there may be a way to get it thrown out. A family law attorney can review the document and potentially find that an error was made that ultimately renders it null and void.

What are some ways a prenup can be thrown out?

One potential way to get a prenup thrown out is if you can prove that your spouse wasn't completely forthcoming about assets he had in his possession. A judge may throw a prenup out if you are able to prove that your ex intentionally hid assets. Second, it must be a pretty glaring oversight, such as a disclosure of $300,000 in assets, yet a failure to report $5 million somewhere else.

If you can prove that you were coerced into signing the document, it may also be possible to have it thrown out. It's not enough for a wife to say that she was told that she had to either sign the prenup or the wedding was off. There must be something much more substantial than that.

If the prenup contains unenforceable conditions, it also may be thrown out. One example of this may include one spouse writing the agreement so that the other has no right to claim child support. Another may include an unreasonable timeline for a spouse to move out of the shared home.

How can we help?

If you feel that some of the conditions of your prenup are unenforceable, you may benefit from the advice that a Naples prenuptial agreement attorney can provide about the validity of the document. Call today to learn how our South Florida divorce attorneys can help you!

Source: Today, "Prenups aren't impossible to break, but ...," Geoff Williams, accessed Aug. 18, 2017