Invalidating your own signature

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Will more people now try to have prenuptial agreements tossed out of court?

Long ago, having a prenuptial agreement was considered stodgy or even insulting, but these days, “prenups” are becoming increasingly common for high net worth couples.

Unfortunately, prenups are prone to this kind of underhandedness, as well.

If you can prove your husband did not fully disclose his income or assets at the time you signed the prenup, you may have grounds to have the agreement thrown out, now that you’re getting a divorce.

Until recently, prenups were considered difficult to void.

Indeed, I consistently advise brides-to-be to have a thoughtfully conceived prenup in place to protect their financial interests.

Similarly, if you can prove that you lacked mental capacity to understand the prenup when you signed it – for example, if you were ill or under the influence of drugs -- this may be a sound reason to invalidate it. The paperwork wasn’t properly filed in the first place. Even though divorce court judges are typically disinterested in most peculiarities of individual contracts, there can be factors that raise eyebrows.

As with any legal contract, the enforceability of a prenup can come down to the proverbial “crossed t’s and dotted i’s.” Careless errors could render a prenup less than airtight. Both parties to a prenup should have separate and independent counsel (in fact, some states actually require that they do). For instance, if your prenup states no child support whatsoever will be paid in the event of a divorce, it is likely to be thrown out.

In divorce, it is quite common for the husband to undervalue assets or fail to disclose them at all, so these assets can’t be made part of a settlement agreement.Here are five conditions under which that could happen: 1. A prenuptial agreement requires each spouse to make full disclosure of his/her assets.If you can prove your husband did not fully disclose his income or assets at the time you signed the prenup, you may have grounds to have the agreement thrown out, now that you’re getting a divorce. The agreement was coerced, signed under duress or signed without mental capacity.2.  The agreement was coerced, signed under duress or signed without mental capacity.Coersion or duress can be extremely difficult to prove, and, as with many aspects of divorce law, different states have different standards for what it means to have been coerced into an agreement.

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