The Atlanta Family Law News Blog - Find an Atlanta Family Attorney

5 Ways to Potentially Invalidate a Prenuptial Agreement

When you got married, you may have been wildly in love and willing to sign anything, including an unfavorable prenuptial agreement.

Now the blind love has worn off and you're looking to invalidate that prenuptial agreement to get your fair share.

While you may think that you are out of luck, there actually are quite a few ways to get a prenup tossed out of court. Here's a look a five common ways that an Atlanta family lawyer can invalidate a prenuptial agreement:

  1. Fraud. A prenuptial agreement is like any other contract, and the parties must not have entered into it through fraud or false pretenses. So if you were promised one thing, but the contract was switched at the last minute or if there was some other dishonest act, the prenup may be void.

  2. Duress. If you are forced to sign the prenuptial agreement just before walking down the aisle, a court may find that you signed in duress and not on your own free will. Other signs of duress can include threats of violence or any other method that can impact your decision-making.

  3. Unfair provisions. Some clauses in a prenuptial agreement are just not allowed under the law. For example, unreasonable demands like that a spouse not gain weight or provide daily sexual favors are just a few grossly unfair provisions that are not enforceable.

  4. Illegal clauses. Generally, child custody and arrangement provisions cannot be controlled by a prenuptial agreement. Courts generally determine child custody by considering the best interests of the child and not what was written in a prenuptial agreement.

  5. Not having the opportunity to review it with an attorney. Both sides should have a lawyer review the agreement. If one spouse doesn't, then the prenup could be invalidated, unless the spouse has also signed a waiver of counsel.

Related Resources: