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That prenuptial agreement may not hold up

You are frustrated that you signed a prenuptial agreement when you got married five years ago. You're now planning to get divorced, and you worry that the prenup is going to make it impossible to get what you want out of the split.

How sure are you that the prenup will even stand in court? Do not assume it will. It can get thrown out for a variety of reasons.

For instance, perhaps your spouse pressured you. The prenup was not your idea. After you'd paid well over $10,000 in wedding deposits, your spouse said he or she would call the whole thing off if you refused to sign. You felt like you had no choice at all.

Or, perhaps you think your spouse was less than honest about his or her assets at the time the agreement was made. Since you have been married, you have uncovered many more assets that were never mentioned. You think of it as fraud. Your spouse tricked you into signing.

Another issue that often gets a prenup thrown out is if some of the provisions in the document are illegal. Maybe the two of you have a child together, and the prenup says that your spouse gets full custody rights. Even if you agreed to that, it is illegal to put child custody and child support clauses in a prenup, so it should not stand.

Do you want to learn more about prenuptial agreements, divorce and your rights? If so, our website contains a lot of helpful information that can answer many of your most pressing questions.

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