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Challenging a prenuptial agreement

While a prenuptial agreement can protect the wealth and personal assets in the event of divorce, there are some instances when it may be beneficial to break the contract. As with any contractual agreement, breaking a contract can be difficult and complicated, but it is possible in some divorce cases.

Most prenuptial agreements will specify how assets should be divided at the time of divorce. This allows both parties to protect the wealth that they bring into a marriage. A prenuptial agreement may also determine alimony and child support obligations. The conditions of a prenuptial agreement vary depending on jurisdiction and the traditions of the court. Similarly, the ability to break the prenup will depend on your contract, your state of residence, and the court.

If you are divorcing in Salt Lake City, Utah, the following circumstances may be grounds to invalidate a prenup:

  • Documentation and paper mistakes. Prenuptial agreements must follow certain guidelines. If a prenuptial agreement was not properly documented or filed, it can be derailed. There are also other conditions; for example, both parties must consult with an independent attorney.
  • Non-disclosure. Both parties must fully disclose their assets before signing a prenup. If one spouse was dishonest at the time the contract was signed, it could be null and void.
  • Coercion or duress. This can be difficult to prove; however, if you were coerced or pressured into signing a prenup, it could be invalidated. An experienced attorney can review the facts of your case and determine if coercion was a factor.
  • Illegal or unenforceable contract clauses. Illegal contracts are not enforceable. Neither are contracts that contradict public policy. For example, you cannot have a prenup that says an ex will not have to pay child support. Courts may be willing to overturn a condition that is counter to the best interests of children or against public policy.

Any conditions and contracts should be reviewed by an experienced attorney who can protect your rights at the time of divorce.


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