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Do you have grounds to invalidate your prenuptial agreement?

Even though you intended for your marriage to last forever, you and your spouse executed a prenuptial agreement before you walked down the aisle. This agreement probably outlines what happens to your assets in the event of a divorce.

According to Suze Orman, a well-known finance guru, your prenuptial agreement may also have helped you and your spouse to better understand each other’s financial values. Still, if you are not in love with the terms of your prenuptial agreement, you may wonder if you have legal grounds to invalidate it.

Common reasons prenuptial agreements are not valid

When it comes to entering into contracts, adults in Texas and across the country usually enjoy broad flexibility. While courts tend to respect the informed bargains individuals make, there are exceptions. Here are some common reasons judges invalidate prenuptial agreements:

  • You and your spouse signed the agreement after your marriage instead of before it
  • You or your spouse was under duress when you executed the agreement
  • You or your spouse made material misrepresentations when negotiating the agreement
  • You or your spouse lacked the mental capacity to form a binding contract

Your legal and financial interests

As you can see, simply not liking the terms of a prenuptial agreement does not invalidate it. Still, if your agreement is more favorable to your spouse than it is to you, it may be worthwhile to explore its validity during the lead-up to your divorce. After all, if you can invalidate the agreement, you may receive a larger share of the marital estate or even court-ordered spousal support.

Ultimately, obtaining a legal review of your prenuptial agreement may help you protect your legal and financial interest

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