Since more couples are signing prenuptial agreements, whether or not they can be voided later has become part of the conversation about the documents. Convincing a judge that there is good cause for voiding a prenuptial agreement can be challenging. It is possible though. If you are in the process of divorcing and want the prenuptial agreement voided, here is what you need to know.  

Why Are Prenuptial Agreements Voided?

In the past, prenuptial agreements have been voided for a number of reasons. For instance, if one of the spouses was under the age of 18 at the time of the marriage, the argument could be made that he or she was not legally able to sign a legal document.  

Other reasons that a prenuptial agreement could be voided is that it was not a properly executed written document. Oral agreements or written documents that did not meet the state's requirements for agreements at the time it was signed could be invalidated.  

A judge might also agree to invalidate a prenuptial agreement if one of the spouses were dishonest about his or her finances in an effort to motivate the other spouse to sign. For instance, if a spouse was worth $100 million but only disclosed $5 million of his or her income to the other spouse, the contract could potentially be invalidated.  

What Can You Do?

If you believe that your prenuptial agreement should be invalidated, review it with your divorce attorney. In addition to providing the agreement to your attorney, you also need to provide him or her with details about the signing. For instance, if your spouse used intimidation or threats to convince you to sign, your attorney needs to know.  

If your attorney agrees that the will should be invalidated, he or she can file a motion with the court. The motion will prompt the judge to review the agreement and the circumstances under which it was signed. After reviewing the will, the judge will make a determination as to whether or not it is legally valid. If not, the judge will resort to applying the state's laws to determine how assets and debts should be divided between you and your spouse.  

Before taking any action regarding your prenuptial agreement, it is important that you discuss your options thoroughly with your divorce attorney. He or she knows the state laws and how they can impact your particular situation. The attorney can help determine your chances of success. 

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