How Do You Prove the Validity of Your Prenup in a Divorce?

Many marriages begin with a prenuptial agreement, a legally binding document signed by both parties entering into the marriage which may spell out terms for both the duration of the marriage and the dissolution of marriage. In most cases, prenups are designed to protect the wealth and assets of one or both parties, amassed prior to the marriage, or to protect family inheritance, just for example. In other words, they protect financial rights.

Unfortunately, the laws governing marriage, divorce, and prenuptial agreements can be pretty complex, and some areas of law may supersede others. How can you prove that the prenup you and your spouse signed before getting married is valid, and that it will hold up during divorce proceedings? What can make a prenup invalid? Here are a few things you should know.

Conditions of Agreement
In many cases, one party is favored over the other when a prenup is signed. If you want to protect your estate in the event of divorce and ensure that your prenup is upheld as valid, you need to make sure you have all your ducks in a row well in advance.

During divorce proceedings, your spouse could claim that a prenup is invalid if he/she was coerced into signing, was not allowed to read the agreement before signing, or was not given adequate time to consider before signing, just for example.

In addition, both parties should secure independent counsel prior to signing a prenup in order to protect their individual interests. When all of these considerations have been addressed, there’s a much better chance you can prove your prenup is valid.

Fraud
It is extremely important that you cover all your bases when it comes to protecting your estate by way of a prenuptial agreement. One of the ways in which the terms of a prenup may be deemed invalid is if fraud is detected.

You must fully disclose all income, assets, and liabilities in order for your prenup to be viewed as valid during divorce proceedings. If an industrious spouse uncovers proof of assets you’ve hidden and failed to mention, the entire prenup could be invalidated.

Unenforceable Terms
In some cases, provisions in a prenuptial agreement may be superseded by Michigan law, even if both parties agreed and signed the contract. For example, child custody cannot be determined by a prenuptial agreement, and neither can child support.

If such provisions exist, a family law judge may elect to uphold certain portions of the prenup while invalidating those terms that are at odds with existing state laws. Generally speaking, the terms of your prenup must pertain to financial matters in order to be considered valid.

Legal Help
Any time the validity of a prenuptial agreement is called into question during divorce proceedings, it is advisable to hire a qualified attorney to help you defend this legal contract.

The family law attorneys at The Gucciardo Law Firm are prepared to represent you not only in your divorce, but also in proving the validity of your prenup. Call us now at (248) 723-5190 to schedule an appointment.