The idea behind a prenuptial agreement is to set down directives to follow during a divorce. Generally, special care is used to work up these documents because they outline what would happen to property, assets and sometimes children if a marriage does not last. The majority of prenups are drafted for people who come into new marriages with wealth that they are trying to protect in case the worst happens.
The amount of alimony or spousal support allocated to the ex-spouse is often included in this document. Sometimes, the child support is also clearly outlined. On other occasions, prenuptial agreements can become somewhat personal and bizarre. Since these agreements are private, they can include clauses such as “if you gain more than 10 pounds, that can be grounds for divorce.” They can also increase the alimony if a spouse is guilty of adultery.
While, prenuptial agreements are meant to be ironclad, there are some mistakes which can make a prenuptial agreement null and void. If any assets are fabricated or fraudulently left out of the agreement, it might be possible to overturn the prenup.
Some contracts can be voided if either party was forcefully coerced into agreeing to it. That is actually one of the ways that a marriage can be annulled also according to law. Yet, there are also other ways for contracts to be voided. If the circumstances leading to the signing seemed rushed, then it might be enough of a reason to break a prenup. Any divorce attorney will look for a way to overturn a poorly crafted prenuptial agreement. If you are thinking of creating a prenup or are looking to overturn one during a divorce, it is important to have the help of a skilled attorney. Contact a legal guide that is an experienced family law attorney in Wheaton.
