Reasons for Invalidation of New York Prenuptial AgreementsThursday, November 20th, 2014, 11:21 pm
So you and your future spouse have drafted and signed a prenuptial agreement, that means it’s all legally binding- right?
The short answer is: not always.
Prenups can become invalidated on a variety of grounds, and prenups are a great protective financial measure for engaged couples to take, specifically the spouse with a greater amount of assets. The divorce law attorneys of FK Law Group in Queens provide efficient and effective legal assistance to engaged couples throughout Queens and the greater New York City area throughout the entire prenuptial agreement process.
Prenups and postnups aren’t some all powerful document though, it’s possible they could be contested in court. Due to the highly sensitive nature of these agreements, it’s important to lay everything out with your fiance before anything is signed. However, even if you think you have taken every measure to protect your prenup and your future financial (and emotional) security, it’s possible for there to be chinks in the legal armor of a premarital contract. Don’t allow what you may think is a small mistake invalidate your entire prenup- the divorce law attorneys of FK Law Group in Queens provide efficient and effective legal assistance to engaged couples throughout Queens and the greater New York City area throughout the entire prenuptial agreement process.
So, what could possibly invalidate a prenup? Here are five reasons this Forbes article cited as to why a prenup may not be as iron-clad as you think:
-if the prenup includes false information
-if one spouse was forced to sign the prenup. Meaning if they were coerced/pressured (say the fiance brought the prenup to their partner’s attention the week of the wedding, or worse, the night before), if they signed under duress or while mentally incapacitated,
-improperly filed paperwork
-if no legal representation presided over its execution, and/or
-if it is unconscionable, i.e. too lopsided in its provisions.
Contact the Queens, New York Divorce Law Attorneys of FK Law Group at 800-631-1757, whether you are looking to draft a prenup or you need an attorney to review a contract your future spouse has presented to you.