How to void a Prenuptial Agreement is an important question that prospective couples need to ask their lawyer. Prenuptials contracts that a couple enters into before they marry in order to establish a physical relationship. Once the marriage is over, these types of agreements cannot be undone. That being said, how does one go about attempting to void a Prenuptial Agreement?
There are a number of reasons why a couple might want to attempt to annul their prenup. Perhaps one of them is related to immigration laws. Under those laws, an alien may bring up his or her immigration status when getting married. In other words, it may be possible for an alien to get into the United States under false pretenses. It might be a little more complicated when it comes to proving that the act of getting married was unwise. In this case, it would make sense to consult with a family law attorney who would be able to provide information on this aspect of prenuptials.
Another reason for which one might want to consult a family law attorney regarding a Prenuptials Agreement would be related to the issue of divorce. Suppose, for instance, that your spouse has an interest in purchasing a home within the United States. Before you sign the prenuptial agreement, it would be wise for you to have your attorney look at the document and see if it purports to give your spouse the right to purchase a home. If so, it may well be necessary to go ahead and have your attorney file a motion to dismiss the suit, based on the fact that the signing of the document implied that the spouses intended to co-sign on the purchase of the house.
Such a maneuver would not pass the courts any protection. It is also important for you to understand that prenuptials do not have to be signed with the full names of both spouses. Indeed, it may be that one spouse’s name is omitted from the document, so that if either spouse ever does try to challenge the validity of the contract, there will be no chance of those names being used in an attempt to defeat the deal. If you or your spouse do sign a prenup contract without both of you knowing the full names of the people involved, then it would be wise for you to have a complete set of financial statements made by both of you, which can then be presented to the court to prove that you were both well aware of what the contract said to be. Unless you own property jointly or own a home that is jointly owned, you are not really taking full advantage of the contract if you don’t know exactly what it says.
Perhaps one of the most popular reasons for getting a prenuptial is to avoid property divisions that occur during a divorce. If there was a prenuptial agreement, the court may automatically award one party total ownership of the marital property during the time of the marriage, regardless of who was actually named as the legal owner of the property at the time. However, the sunset clause will often prevent this type of award from being granted. Basically, a sunset clause is simply an agreement that the court allows one party to terminate the marriage prior to a certain amount of time has passed. Once this happens, the other spouse is usually given possession of the marital property during the time of the marriage without having to pay any money, unless the case is tried in family law court.
Because prenups are so commonly used, many people are surprised when they learn that they can actually void a prenup. To do this, one party simply needs to file a motion to dismiss stating that there have been material misunderstandings between the two parties concerning some aspect of the agreement. Depending on the agreement, it may not be a legal issue, but if there was a misunderstanding it needs to be stated. Generally speaking, courts tend to uphold the agreements unless there is something very obvious that is not mentioned in the document. For instance, if there is a provision stating that one spouse is prohibited from keeping a certain animal, the court will typically disregard the provision if it is not mentioned in the contract.
It should also be noted that although prenuptials are generally thought to be enforceable, they rarely are. This is because the courts put so much emphasis on the full disclosure of the facts that often the agreement is considered a purely verbal agreement and not enforceable. There are very few situations where a prenuptial fails to meet the requirements for it to be enforceable. In addition, courts often look to the spouse with full disclosure as the person who should be awarded full settlement, not the person who signed the document.
If you are considering getting married, be sure to check out the area of prenuptial and prenups as they are very important for your future. While they might not be a requirement in all states, they are usually preferable. The signing of any document pertaining to your future marriage should be done only after the spouse reads it completely and fully understand it. In addition, when getting married it’s always best to have a complete prenup to protect both parties and ensure that no coercion occurs.