If you are about to file for divorce (or are considering divorce) from your spouse and you have a prenuptial agreement (prenup) in place, one of the things that you may be concerned about is where that agreement will be enforceable. The validity of these agreements can be revoke for a number of different reason, 7 of the most common of which we will discuss below and in an upcoming blog.
Reason 1: The prenup doesn’t exist as a written agreement.
To be enforced in a court of law during divorce proceedings, prenuptial agreements typically have to exist as written documents. If one or even both parties claim that they agreed upon a prenup (but dispute the terms of that alleged agreement), it cannot be enforced if it has never been officially developed as a formal legal document. In such cases, the prenup would not be considered to be valid.
Reason 2: The prenup was not properly executed.
Part of developing an official prenuptial agreement (which is, in fact, a formal contract) is making sure that the prenup has been fully and properly executed. In general, this means that both spouses should have signed the prenup prior to getting married in order for the agreement to be considered valid and enforceable in the event of a divorce. If this is not the case because, for example, one party never signed the prenup or because one party signed if after the marriage, then the agreement may be considered invalid.
Reason 3: One party was pressured by another party to sign the prenup.
As with other types of contracts, prenups cannot be signed/executed under any type of pressure or duress. If one spouse, a lawyer or anyone puts undue pressure on the other spouse to sign the prenup prior to a marriage, then the prenup may be invalidated in court during a divorce (as long as it can be proven that this condition existed).
For the last four common reasons that prenups may be invalidated during divorce, be sure to check out the upcoming second part of this blog.
Colorado Family Law Attorneys at the Law Office of Mike Hulen
When it comes to battling for child custody or dealing with any matter of family law, such as parental visitation rights, do not try to settle the case without the help of a skilled family lawyer. Working with the Colorado family law Attorneys at the Law Office of Mike Hulen can be essential to ensuring that your rights are fully protected and that your family law matters are resolved as favorably as possible.
For years, we have been successful at helping our Clients negotiate favorable divorce settlements, child custody agreements, alimony payments, etc. We also have a proven track record of success when it comes to modifying custody agreements, spousal support payment agreements, etc. Contact us at (303) 932-8666 to learn more about your rights and receive professional advice regarding the best manner in which to proceed with your case.