If you did not realize what you were signing when your fiancé presented you with a prenuptial agreement and are now preparing for a divorce, you should seek advice from a divorce lawyer quickly. A prenuptial agreement is typically binding; however, a good divorce lawyer may be able to prove its invalidity. If your lawyer can prove the agreement was not created in a way that was valid, you could greatly benefit from this. Here are three ways your lawyer might be able to prove the document is invalid.
You Did Not Have Enough Time To Read Through It
Being tricked into signing a prenuptial agreement is the perfect way to prove that the contract is not valid, and a good way to prove this is if you were not given enough time to thoroughly read the document. If your spouse handed you the papers, pointed at the signature line, and asked you to sign it, you should tell your lawyer. This could be considered coercion, which is a great argument to use when trying to fight the validity of a prenuptial agreement.
While it is not wise to sign documents without knowing what you are signing, it happens all the time. If you trusted him or her, you may not have questioned the person's request. You may have simply signed your name and handed the document back to him or her. If this is the way you signed the prenuptial agreement, you will have a strong case for proving the invalidity of the contract.
You Were Not In The Right State Of Mind
A second way lawyers try to fight the validity of prenuptial agreements is by proving the person was not in the right state of mind when he or she signed the document. This is often referred to as "lacking in capacity." For example, if you were handed the document shortly after your mother died, you may have signed it simply because you were not thinking properly. Your mind may have been consumed with grief over your recent loss, and you may not really have known what was going on.
There are numerous ways to prove you were not fully capable of knowing what you were signing when you placed your name on the prenup. Showing statements from your doctor or therapist from this time period is one option. Another option is producing a journal you kept that reveals your frame of mind during this time period.
If your lawyer can prove to the court that you were not in a proper state of mind when the document was signed, the court may side with you on this.
You Did Not Have A Lawyer Review It
If neither of the first two reasons helps your case, your lawyer might try to fight the prenup by stating you did not realize what the document meant. In other words, your lawyer will tell the court that you did not have legal counsel advising you during this time. If you did not have a lawyer read through the document before you signed it, you could be successful at fighting the contract with the basis that you did not have legal representation.
Prenuptial agreements are typically designed to protect just one of the spouses involved, but they cannot be created in ways that are unfair. If you believe your prenuptial agreement should not be valid for your divorce, you will need to discuss your case with a divorce attorney. Your attorney may be able to use one of these reasons to prove the invalidity of the prenuptial agreement that you signed.
