Do you feel like your prenuptial agreement isn’t reflective of all your spouse’s property? Or was the signing process quick or forced upon you? If so, you might be able to break your prenup.
You usually can’t predict the emotional toll your divorce will have on you. But one thing that can provide security is having a general idea about how the division of your marital and separate property will carry out. However, as you review your prenup, you might come across surprises or inaccuracies that you’d like to challenge prior to finalizing your divorce.
In Ohio, a prenup could be unenforceable if any of the following scenarios hold true:
- Fraud: A prenup could be invalid if your spouse hasn’t been completely honest about all of their property and other assets. For example, maybe before and throughout your marriage you thought your spouse was always honest about their annual income. However, they could have hidden money from you or have a cash stream that you don’t know about.
- Force: Think back to when you signed the prenup documents. If you weren’t able to fully review the documents or can’t even recall agreeing to sign them, then there could have been coercion or even duress involved. An instance of coercion could be forcing you to sign the prenup in a threatening manner, while duress could have been involved if your ex made you sign them while drunk.
- Fake: Maybe the forms were phony from the moment you signed them. Perhaps an attorney or your spouse drafted it without adhering to all relevant state codes, or one or both parties didn’t properly sign the agreement. And, if the agreement was only verbally discussed and not written down, then it might not stand in a court of law either.
It’s possible that you can’t pinpoint exactly what part of the prenuptial agreement seems off. Whatever your case entails, an experienced divorce attorney can help address any prenup-related concerns as you prepare for divorce.
