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In Divorce And Other Family Law Matters

Were you given time to read your prenup?

On Behalf of | Aug 16, 2021 | Uncategorized |

Your spouse asks for a divorce. You don’t have children, so you immediately begin asking questions about how they want to divide assets. 

That’s when your spouse smirks and shows you the prenup you signed before the wedding. You completely forgot that they wrote it up and had you sign, and they gloatingly tell you that they basically get everything. They assure you that there’s no way around it since that’s your signature on the bottom. 

Here’s the issue: They gave you that prenup the day before the wedding. Will it still stand? 

It is likely completely invalid

The good news for you is that the prenup is probably completely invalid. You must have time for consideration. Even if you sign the document, if you really couldn’t consider it or even read the whole thing in the short time you were given, it can be thrown out of court. Anything else would be very unfair to you. 

There’s also something to be said for a last-minute prenup putting you under duress. The idea of canceling your wedding at the last second is embarrassing and expensive. You may have felt that you were being forced to sign, even though your spouse technically gave you a choice. This type of duress is also unfair and could mean that your prenup is invalid. 

Moving forward with a contentious case

Odds are that your case will be contentious if this is how it started — and how your marriage began. You must know as much as possible about the legal options you have. Don’t assume that the claims your spouse makes are as ironclad as they believe.