Protecting against the downsides: a poorly written prenup

On Behalf of | Apr 6, 2018 | Firm News, prenuptial agreements

What might be your best move if a prenuptial agreement you formerly signed is presently coming back to haunt you owing to stipulated conditions that now strike you as grossly one-sided and unfair?

Certainly at the top of your go-to list on employable strategies is to avoid seeking further counsel from the lawyer you retained in the first place. It was the work product of that individual that is now making your life miserable.

Here’s a better plan: Reach out to a seasoned divorce attorney who has a demonstrated record of advocacy working on behalf of diverse clients seeking to protect assets through well-structured and tightly crafted marital contracts.

Who better to consult regarding legal deficiencies and shortcomings in a prenuptial agreement (or postnuptial contract, as well) than a family law practitioner that has helped many individuals avoid post-execution difficulties in enforcing such documents? A lawyer who knows what works obviously appreciates well what does not.

Indeed, some prenups are deemed so out of bounds by courts that judges refuse to enforce them. A practiced attorney can closely scrutinize your contract for the presence of factors that might render it unenforceable. Here are a few possibilities:

  • Lack of conformity to stated legal requirements for drafting
  • Evidence that fraud or coercion played a factor in its execution
  • Provisions that are illegal or that strike a court as being against public policy
  • No input at all from legal counsel prior to signing

As noted in a recent national article on prenuptial agreements, such contracts “can be very worthwhile.” They must be properly drafted and within legal bounds to promote their objectives, though, and they can easily be ruled unenforceable by courts who find them objectionable on select grounds.

A proven divorce attorney can provide further information.