By Robin Roshkind, Esquire, West Palm Beach, Florida
You have been married for years and you thought everything was fine. But suddenly, you find your spouse exiting the marriage and the prenuptial agreement that you thought was fully valid and enforceable is now being challenged. What’s up with that?
Prenuptial agreements are contracts. Depending upon the circumstances under which they are drafted and executed, can make them null and void, if ever challenged. Doesn’t sound right, but here is what makes a prenuptial challengable:
Signing it too close to the wedding day. If the prenup was signed just a few days prior to the wedding, for example, the legal reason to challenge it is duress. The invitations are sent, the hall is taken, the band and photog are retained and the dress is ready. Now for the prenup…sign it or else…No.
Another reason prenuptial agreements can be challenged is for fraud. A bride or groom as the case may be cannot waive their marital rights if the disclosure is fraudulent by either party. Essentially they do not know what they are waiving their rights to.
A third reason to challenge a prenuptial agreement is over reaching. If a spouse is totally disowned from all marital property, this is egregious.
Another reason to challenge a prenuptial agreement is if there was misrepresentation. For example, if a woman promises to have children, or promises to live in the USA, but knows full well she is unable to, this is misrepresentation of who she is.
Intent of the parties is evidenciary, but there would have to be proof by witnesses or testimony of the party to show the intent of the parties. It is very hard to prove.
So if you are signing a prenuptial agreement, there are certain things you can do to protect yourself. For more information about this or other topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb for more information.