Prenuptial agreements are legally-binding documents approved by a court of law. However, there might be certain occasions when such an arrangement can be overturned. The family law attorney at the Benouis Law discusses the nuances of prenuptial agreements.
The Definition of a Prenup Agreement
A prenuptial agreement is a legal arrangement future spouses enter into prior to becoming officially married. In certain instances, this document will offer the framework for how specific legal, financial and personal matters will be resolved should the couple opt to separate or divorce.
However, on other occasions, future spouses might draft a prenuptial contract for the purpose of establishing the roles and responsibilities each partner will execute during their married life.
Drafting Prenuptial Agreements
Typically, each spouse first hires their own family law attorney and discusses what issues need to be included in the agreement. Once each partner establishes the pertinent matters to be resolved, the attorneys representing each party enters negotiation until both sides reach an amicable agreement.
Once terms are made, a final copy of the contract is drafted and both spouses sign the document. Ratified prenuptial agreements are typically accepted by most courts.
Overturning a Prenuptial Agreement
There may be certain circumstances under which a court might deem a prenuptial contract invalid and opt to overturn the agreement and all of the provisions contained within including when the arrangement is:
- Not entered into voluntarily. For example, if evidence proves either party was forced to agree to the contract under coercion or duress.
- Both parties disclosed honest and accurate personal and financial information. An adjudicating body might deem a prenuptial contract invalid if one partner lied about their finances or deliberately failed to disclose other pertinent information.
- If the marriage is considered invalid. Should the marriage not have been performed under legal or religious pretenses, any associated prenuptial contract might be overturned.
- If the contract is poorly written. Should the agreement be written in vague, inconclusive language that leaves certain provisions unclear or open to interpretation, said contract might be discarded.
There might be other reasons a court might deem an appropriate reason to invalidate a prenuptial contract. A divorce attorney could advise a client concerned over the validity of any existing or potential contract.
Contacting an Experienced Austin Family Law Attorney
One way to avoid drafting a challengeable prenuptial agreement is to retain the services of a lawyer employed by the Benouis Law. We can help you draft a well-written, legally-binding agreement that is amenable to the client and their spouse.
Contact our firm at 512-764-3932 for a free consultation.