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7 Common Reasons Prenups May Not Be Valid (Part 2)

Continuing from 7 Common Reasons Prenups May Not Be Valid (Part 1), the following discusses the final four common ways in which prenuptial agreements may be invalidated during divorce proceedings.

Reason 4: One party did not read or adequately consider the prenup before signing it. 

If a prenuptial agreement contains illegal clauses or is based on false information, it can be invalidated if a couple files for divorce.

If a prenuptial agreement contains illegal clauses or is based on false information, it can be invalidated if a couple files for divorce.

Part of the conditions that are generally necessary to develop a formal, enforceable prenup is that both parties have read and considered the provision of the prenup prior to signing it (i.e., agreeing to it). If, however, one party was somehow tricked into signing the prenup without having read it, or if one party was asked to sign the agreement immediately prior to the marriage (and, therefore, did not have time to properly consider it), then the prenup may be invalidated by a family court judge.

Reason 5: The prenup contains illegal clauses or provisions.

Despite the fact that there are many things that can be covered and decided by prenups (like, for example, debt obligations, the division of assets, etc. upon a divorce), there are some factors that cannot legally be determined by these agreements (like, for example, child support payments). If a prenup includes clauses that are not legally valid, then a judge may either invalidate the entire prenup or just the portions that are considered to be illegal.

Reason 6: The prenup is based on false or incomplete information.

Another reason that a prenup may be considered to be invalid is if it has been based on false or incorrect information. For example, if one spouse lies about his assets or debts and the prenup is based on this lie or misinformation, the agreement can be rendered invalid and unenforceable in the event of divorce.

Reason 7: The prenup is declared to be an “unconscionable” contract.

Ultimately, if the prenuptial agreement is determined to be an “unconscionable” contract, it can be considered to be invalid. Unconscionable contracts are any agreements that are considered to be grossly unfair to one party because, for example, they allow one party to proper considerably while the other party suffers excessively.

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.

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