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Both parties to a prenup should have separate and independent counsel (in fact, some states actually require that they do). For instance, if your prenup states no child support whatsoever will be paid in the event of a divorce, it is likely to be thrown out. Provisions in the prenup about weight gain, hair color, frequency of sexual relations, visits by in-laws -- remember, the judges have heard it all -- are likely not to hold up in court, either.
If you signed something that your wealthy fiancé or his family arranged to be drawn up for you to agree to in order to marry him, be aware that this may not be an ironclad agreement if, years later, he wants out of the marriage. In summary, in order for a prenup to be effective, both parties must have their own separate attorney.
Still, it is not unheard of for a prenup to be thrown out on this basis.
Similarly, if you can prove that you lacked mental capacity to understand the prenup when you signed it – for example, if you were ill or under the influence of drugs -- this may be a sound reason to invalidate it.
The opinions expressed are solely those of the author, who is not an attorney.
If you live in the New York City area, you may have seen the news last month that a Brooklyn court threw out the prenuptial agreement a Long Island woman had signed with her millionaire husband before their 1998 wedding.
Signing a contract without legal representation is never a good idea! Plus, the prenup must be: Keep these conditions in mind, not only if you are trying to get out of a prenup you now believe to be unfair, but also if you are thinking about signing one.
4. You signed without proper legal representation. Even though divorce court judges are typically disinterested in most peculiarities of individual contracts, there can be factors that raise eyebrows.Here are five conditions under which that could happen: 1. A prenuptial agreement requires each spouse to make full disclosure of his/her assets.If you can prove your husband did not fully disclose his income or assets at the time you signed the prenup, you may have grounds to have the agreement thrown out, now that you’re getting a divorce. The agreement was coerced, signed under duress or signed without mental capacity.If you live in the New York City area, you may have seen the news last month that a Brooklyn court threw out the prenuptial agreement a Long Island woman had signed with her millionaire husband before their 1998 wedding.This is a precedent-setting move, and divorce lawyers nationwide are sitting up and taking notice.