What if I signed a prenuptial agreement that I felt rushed to sign?

Before you know it, the wedding, which you spent months discussing and planning, is weeks or days away and your soon-to-be spouse will not stop taking about you signing the prenuptial agreement.  You finally decide to sign the prenuptial agreement although in your gut you were not sure it was the right thing to do.

There are ways a prenuptial agreement can be challenged in divorce case.  Feeling rushed to sign it is not the strongest claim to make to void the document although it can work.  The ways a prenuptial agreement can be void are if any of the following reasons are proven:

  • You lacked the mental capacity to understand what you were signing – This means proving in a court of law you were mentally unstable or under the influence and you could not have understood what you were signing.
  • There was never a prenuptial agreement put on paper – An agreement this important has to be in writing. An oral prenuptial agreement cannot be enforced.
  • The prenuptial agreement makes sense – The document should be well drafted and with as few errors as possible. In addition, the prenuptial agreement clearly lays out the debts and assets of each party.  This includes the soon-to-be spouses being upfront with what they each own and owe.
  • An attorney was not involved – Having the time to consult with your own family law attorney to review the terms of the prenuptial agreement is important. Being able to talk with your own attorney to understand the document and what it says means a well thought out agreement.
  • The terms of the prenuptial agreement are rational – Sometimes what people put in an agreement are unrealistic and silly. A prenuptial agreement that says, for example a spouse cannot get the house he had before the marriage or it is null and void if someone cheats, are not enforceable.

Taking the time well before a wedding and with an attorney of your own gives each person the best financial arrangement.

Contact experienced family law attorney Jessica L. Sterle to schedule a consultation by calling (218) 722-2655.