On behalf of Cobert, Haber & Haber Attorneys at Law posted in Divorce on Thursday, November 3, 2016.
It is a common belief among many soon-to-be and currently married couples in New York that their prenuptial agreements are iron-clad. As challenging as it may be to break this type of contract, it is possible. At Cobert, Haber & Haber Attorneys at Law, we hear from people who have questions about what can make their prenuptial agreements unenforceable. Before anyone signs a prenuptial contract, they should double check it to ensure that it does not contain any mistakes or issues that could make it useless.
Not capable of making rational decisions
You and your partner should be of sound mind and judgment when signing this type of contract, states Forbes. Couples who enter into prenuptial agreements while they are under the influence of narcotics, alcohol or duress can make the agreement null and void. Also, you and your partner must both enter into this agreement freely of your own accord, not through force or coercion.
Withholding certain information
Any information that is withheld or undervalued by either party in the relationship, especially details that are financial in nature can be considered fraud. Many people omit certain assets that they do not want to be included in settlement agreements. Remember, prior to marriage and signing prenuptial agreements, you and your partner should share and fully disclose all relevant information with each other.
One spouse gains more unfairly
Most people use prenuptial contracts to protect themselves from getting shortchanged in divorce. However, while looking out for yourself, it can be easy to include provisions in the agreement that enable you to receive more than your spouse or that are frivolous in nature. Any stipulations in the contract that allows one spouse to gain more than the other can result in the courts not honoring certain portions or all of it.
Careful planning and discussion should take place between you and your partner before either one of you signs a prenup. To learn more about this subject, please visit our website.
