If you have a prenuptial agreement in place, you may think that there is no way to counteract it. However, there are a few times when the court will ignore the agreement and determine a different outcome for your divorce.
Some of the common reasons that prenuptial agreements are voided or invalidated include:
- One party not having adequate time to review it
- Unrealistic or unfair terms
- Arrangements that are not allowed to be in a prenuptial agreement
Here's an example. If you were getting married in two days and your spouse-to-be suddenly presented you with a premarital agreement, you may think that you have no option but to sign it and worry about the consequences later. You may feel pressured and believe that not signing it will mean your marriage won't occur. That lack of time combined with pressure could invalidate the agreement completely.
Another thing that could invalidate a prenuptial agreement is if it includes terms that are not legally able to be in the prenuptial agreement, like child custody arrangements. Usually, child custody arrangements have to be made at the time of a divorce, not before, because the parents have to do what's in the child's best interests.
Your attorney can help you review your prenuptial agreement to determine if it was fair or if it should be invalidated. If you feel that you were coerced into signing it or that it is completely unfair to you, there may be steps you can take to have it invalidated, so that you can create a better divorce settlement.