Courts will often strike down a prenuptial agreement. This is usually due to unfair conditions at the time the prenuptial agreement was executed or incomplete disclosure of the required facts. For many divorces, there is no prenuptial agreement. But for those that successfully invalidate the prenuptial agreement, there will normally result in a more equitable division of assets.
There are a number of reasons that the court will strike down a prenuptial agreement. As you read through the following reasons remember that every situation is different and the court will evaluate all the factors in determining if the prenuptial agreement is valid. You do not need to fall squarely in one category, but rather show that the prenuptial agreement is generally unfair.
First, the court will look to see if the prenuptial agreement promotes divorce. This means that the agreement itself is conducive to a divorce. Whatever the terms may be, if the prenuptial agreement gives an incentive for one party to try to divorce, then you probably have a good reason to strike it as invalid.
Second, if you can show that the agreement was written and signed by one of the parties with the intention of divorcing, then it will be invalid. This often happens when one party is trying to ruin the other. If the prenuptial agreement gives the majority of one parties wealth to another, there is a good possibility that the court will find it invalid. But protecting your own assets is generally not a reason to find that the prenuptial agreement is invalid.
Lastly, if one party was forced into signing, or the agreement was executed in any way that is unfair, the court will find it invalid. Many situations can come into play here, so the court will look at the specific facts in determining if you were forced into signing or if the agreement was executed unfairly.
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