The social and monetary dynamics of our society have shifted dramatically over the previous years. The pervading roles that men and women once held in the workplace as well as in marriage have changed. Within marriages, women are more frequently becoming breadwinners and men are more readily accepting domestic responsibilities. The need to protect assets and the designation of monetary responsibilities that can result from a divorce is often less cut and dry than in previous generations.
As such, Texas couples entering into marital bonds are embracing the advantages a prenuptial agreement can provide in the event a relationship does not work out. However, a prenuptial agreement that is not properly drawn up can be the cause of, rather than the solution to, problems. In fact, if one spouse believes that the terms that a prenup dictates are decidedly unfair, then they may be able to get a court to set the agreement aside.
One way a divorce judge will appraise the relative fairness of the agreement is by considering if the protesting spouse forfeited assets, such as property or rights to alimony, to which they would been availed if the prenup did not exist.
A divorce judge may also consider if a spouse was unduly pressured into signing the document. The timing of signing may play a role in determining if this happened. A signature acquired precariously close to the wedding ceremony, as the proceedings are in full swing could raise a red flag.
Another signifier that the agreement should be nullified is if it appears there is a lack of full financial disclosure on behalf of the other spouse.
If both parties are sincere about having an equitable prenuptial agreement created, they should contact an attorney who can guide them through the process step by step. This conscientious act will make things much easier should the unfortunate happen and divorce papers are filed.
In addition, should one party, realize the terms of a prenup they signed are not fair, they should also contact a lawyer who can represent their interests. A Texas family lawyer may be able to service either of these needs.
Source: The Huffington Post, “When a Prenup Gets Thrown Out,” Stann Givens, July 1, 2014