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Do you want to have your prenuptial agreement thrown out?

On Behalf of | Sep 9, 2020 | divorce

When you decided to get married, you were thrilled. Your partner wanted to make sure you were both had everything you needed out of life, and they were insistent that marriage was the right way to do that.

A few days before the ceremony, they suddenly approached you with some paperwork. They asked you to read it and sign it. You knew it was a prenuptial agreement, but you didn’t realize that you should have an attorney read it over. You didn’t even question it before you signed it.

Today, as you face a divorce, you want to get the agreement thrown out. It limits how much you can seek from your spouse in spousal support and even limits your access to certain marital assets. It’s not fair — and you know it.

Your prenuptial agreement may not be legal

The good news for you is that your prenuptial agreement may not be legally binding.

One of the reasons that a prenuptial agreement may not be recognized is when it was signed without the legal representation that you should have had. Additionally, since your spouse gave you only a few days to look it over, you may not have had time to seek legal counsel, even if you wanted to do so.

If you want to get your prenuptial agreement thrown out, you should have representation this time. Your attorney will review it to see if it’s too lopsided or if there are other aspects that may not make it binding. They can also help you argue that you didn’t have representation, so you shouldn’t be held to the terms in the agreement.