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Considerations if you want to contest a prenuptial agreement

On Behalf of | Sep 26, 2022 | Divorce |

Prenuptial agreements refer to contracts that couples sign before they get married to protect their assets in the event of a divorce in Ohio. Unfortunately, prenuptial agreements can often be a source of contention during divorce proceedings. If you are considering contesting this type of agreement, it is important to understand the grounds on which you can do so.

You were forced to sign the agreement

In order for a prenuptial agreement to be valid, both parties must have signed it willingly. Sometimes, however, one spouse may feel pressured into signing the agreement. This can be in the form of physical or emotional coercion. For instance, if your spouse threatened to divorce you if you didn’t sign the agreement, this would be coercion. If you can prove that you were coerced into signing the agreement, it may get invalidated.

The agreement is unfair

This usually happens when one spouse had significantly more assets than the other when the agreement was signed. For example, if your spouse owned a house and you didn’t, and the agreement said that all property would be split evenly in the event of a divorce, the courts may consider this unfair. Another example would be if you gave up your right to alimony in the agreement, but it’s later determined that you were entitled to it.

You didn’t have a lawyer

Both parties are usually supposed to have their own lawyers when they sign a prenuptial agreement. The lawyer’s job is to make sure that the client understands the agreement and all of its implications. Sometimes, however, one spouse may not have had a lawyer. If this is the case, and you didn’t fully understand the agreement, you may be able to get it invalidated.

Creating a prenuptial agreement can be a sensitive topic for couples. However, if done correctly, it can save a lot of headaches in the event of a divorce. If you find yourself in a situation where you need to contest a prenuptial agreement, make sure you understand these grounds to ensure the best possible outcome.