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4 tips for invalidating a prenup

If your marriage is dissolving, you may want to get the most assets you can out of it. However, you may feel discouragement if there is a prenuptial agreement in place. Luckily, not all prenups are valid. If you are able to invalidate your prenup, you may be able to get a larger share of the marital estate.

Before you claim your prenup does not hold up, determine if you legally can break your particular contract. Here are some of the most common reasons that prenups do not hold up during divorce.

1. Pressure or coercion

When couples sign prenups, both parties should be doing it out of free will and without any pressure. Unfortunately, it does not always happen this way. If you can prove your spouse used pressure or coercion to get you to sign the agreement, you may be able to throw out the whole document.

2. Ridiculous provisions

Prenups cannot contain provisions that dictate certain things. If your prenup addresses topics such as cheating, weight gain, in-law visits or child support, these will not hold up. The court may decide to invalidate the entire agreement if these stipulations exist. 

3. Improper legal representation

When two people sign a prenup, they should do so with their own independent attorneys. Separate legal counsel ensures that the agreement is fair. If you did not have your own legal representation when signing the document, the judge may deem it to be invalid.

4. False or incomplete financial information

You and your partner must disclose all financial details when signing the legal agreement. If your spouse did not give honest and complete information, the whole thing may be invalid. In order for the agreement to hold up, you must know everything about assets, income and liabilities when signing it. 

Keep these facts about prenups in mind if you want to get out of one before your divorce is final.

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