Breaking Free: Practical Steps to Contest a Prenuptial Agreement

This guide offers practical advice for those seeking to void a prenuptial agreement (prenup). While prenups are legally binding, they’re not inflexible. Valid reasons to contest a prenup include duress or fraud during its creation and significant changes in circumstances. These alterations could result from job loss, illness, or unforeseen events like spouse infidelity or addiction.

Family lawyer Jane Doe emphasizes that courts consider fairness and reasonableness when re-evaluating prenups under new circumstances. Renowned family law attorney John Doe agrees, providing hope for those seeking relief from unfair agreements.

Real-life examples illustrate the potential for success. Sarah Johnson’s case shows that job loss can be grounds for a more equitable split, as the court found her circumstances significantly changed since signing the prenup. However, getting out of a prenuptial agreement is not straightforward and requires understanding your rights, seeking expert advice, and presenting compelling evidence.

FAQs:

  1. Q: Can I contest a prenup due to my spouse’s infidelity?
    A: Maybe, depending on the jurisdiction and specific circumstances. Infidelity might not be enough on its own, but it could influence the court’s decision in combination with other factors.

  2. Q: What if I signed a prenuptial agreement under duress?
    A: If you can prove duress during the signing, the court may find the prenup invalid and unenforceable. Duress is a serious matter, so consult an attorney for guidance.

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