It’s not an easy reality for marrying couples to swallow; however, the fact that nearly half of all marriages end in divorce cannot be ignored. As such, premarital documents are utilized to help ease the divorce process if it were to occur. Because no one can predict the future, a prenuptial agreement is a way to create a level of protection for each spouse while also making a difficult situation easier. This is especially true for those going through a high-asset divorce.
The idea is that the marital document will control the divorce process; however, it is important to note that not every prenuptial agreement is valid. Thus, it is important to for divorcing couples in Ohio and elsewhere to explore options when it comes to break a prenuptial agreement.
Reasons to invalidate a prenup
While there could be a wide range of reasons to invalidate a prenup, the most common reasons will be discussed. To begin, the document could be invalidated if it wasn’t in writing, not properly executed prior to the wedding, one spouse was pressured into signing the document, one spouse did not read the agreement before signing and there was no time for consideration before signing the prenup.
Other reasons to break a prenuptial agreement include invalid provisions, such as those violating state or federal laws, false information contained in the document and not having independent counsel for each spouse. Finally, a prenup could be deemed invalid if it is found to be unconscionable. In other words, the provisions or agreement as a whole is so grossly unfair that the court would be unlikely to enforce it.
Entering into a prenuptial agreement is a major step to take where each party should be aware of the process and their rights. Even if a spouse believed the document was fair and freely entered into, this does not mean it was or remains valid. Thus, if a spouse has concerns about validity about their prenup, it is important to consider his or her legal options in the matter.