Premarital Agreements: Are they always valid?
Prenuptial agreements are entered into by a prospective couple contemplating marriage. The agreement is usually effected when the marriage finally takes off. The purpose of this agreement is to settle various issues that arise in the event of divorce, separation or death of either spouse. These issues include division of property, property distribution and child support, among others. To make easily enforceable, the law provides a written and signed agreement. A well versed Scottsdale family law attorney can expound it further for your benefit.
One may wonder whether the prenuptial agreements are really practicable. Yes, they are, if they are signed within the laid down legal guidelines. However, if vital aspects of such agreements are missing, they become void, hence difficult to enforce. That’s why it is advisable that seek the advise of a Scottsdale divorce attorney on the practically of such an agreement and what it takes for it to stand the test of time. He will definitely mention to you various factors that can make a prenup agreement invalid. They may include the following.
If you detect fraudulence in such an agreement, you have a ground to file for its voiding. Fraudulence occurs when one of the supposed spouses fails to disclose all the required details concerning wealth and property, among other aspects of the agreement. Moreover, if any of the spouses signed the agreement under duress, or was coerced, or was mentally incapacitated at the time of signing the agreement, it can be declared invalid.
Improper filing of papers is the other reason for invaliding a prenup. Some couples simply fail to be careful with legal provisions for such an agreement. They end up doing a shoddy work on the agreement. An agreement also loses validity if it contains ridiculous provisions or is very lopsided. Signing prenup agreements without proper legal representation further complicates matters.
If you don’t want to find yourself in a disadvantaged position, seek help from a Scottsdale divorce lawyer at the Law Office of Hope. E. Fruchtman to guide you through the legal implications of such an agreement. Call our office to schedule an appointment today.
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Scottsdale, AZ 85260