How Do I Void My Prenuptial Agreement Now That I’m Divorcing?

Video Script Below

I signed a pre-nuptial agreement. I'm now getting divorced. How do I void the prenuptial agreement? Well there's a few ways to void the pre-nuptial agreement and a couple are just basic contract law strategies. One is that you signed the agreement under duress. What does duress mean? Duress, the classic example of duress is that you signed the agreement at gunpoint, right? Now, not many people sign a prenuptial agreement at gunpoint but it's something where you felt like you were under duress then we can make an argument that you signed it under duress and it should be voidable because of that. Another argument is that it was unconsciounable. It was just so against the interest of society, so wrong and unfair. Your husband was worth a $1 billion dollars and you waived any money whatsoever - you get nothing at all - well maybe that's unconsciounable. It's just patently unfair at its essence. That's another way we attack it. Another way we attack it is by arguing that there wasn't a full disclosure of the assets. If the assets aren't fully disclosed well guess what? That agreement is voidable. Your spouse has to give you a complete breakdown, a full disclosure of any and all assets, and if they don't you can void that prenuptial agreement and everything is up for grabs. And then, the final factor is attorneys. Did you have your own attorney review the agreement or were you advised by your spouse's attorney? That could have presented a conflict of interest, and if it wasn't done properly then that agreement can be voidable. So actually thinking about it, there's one more point you want to look at which is the agreement comprehensive? Does it cover every contigency? Is it well-drafted? Because if the agreement is not comprehensive, if it doesn't cover for all the contigencies or what happens as assets accumulate or if it was poorly drafted, that agreement is voidable. You can attack it, and that's what we do. So if you're looking to void a prenuptial agreement, if you signed away the money, if you signed away your rights, I'd love to sit down with you and find a way to attack that agreement, to void it and get you the money that you feel that you're entitled to. I'm Steve Kramer, thanks for watching.

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