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Marinaro Law Firm

Marinaro Law Firm

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Fierce Dedication To Detail, A Force In The Courtroom

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  4.  » Challenging the binding effect of prenuptial agreements

Challenging the binding effect of prenuptial agreements

Prenuptial agreements can significantly limit people’s rights and obligations if they get divorced. In general, people cannot unilaterally terminate a prenuptial agreement unless the terms of the agreement give them the right to do so.

There are a few limited circumstances in which a person may challenge the efficacy of a prenuptial agreement. When a court finds that a prenuptial agreement is invalid, the party challenging it may be able to recover a greater amount of spousal support or property during divorce proceedings. Here are a couple of reasons why a person may contest the validity of a prenuptial agreement in Pennsylvania.

Duress or coercion

A person who can show that he or she did not enter into an agreement voluntarily may petition a court to invalidate it. For example, litigants may testify that their spouse forced them to sign the agreement by threats or coercion. A court may find that a prenuptial agreement that a person signs immediately before a wedding in invalid because he or she did not have time to review it.

Misrepresentation

In order to enter into a binding prenuptial agreement, a person must have an accurate perception of his or her partner’s financial status and property. If a person can show that a spouse misrepresented his or her assets, it may be grounds to invalidate the agreement.

Ideally, people should review a prenuptial agreement with an attorney prior to signing it. If a person has questions about an agreement’s enforceability after signing it, he or she should consult with legal counsel.

 

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