Divorce lawyer in Atlanta discusses four of the most common challenges to a prenuptial agreement
Atlanta, GA- Did you sign a prenuptial agreement? Are you and your spouse planning on filing for divorce? Are wondering if you can get the terms of your prenuptial agreement? Fortunately, it is possible to challenge a prenuptial agreement, but it is not a simple task, you need someone with legal experience on your side. Here, USAttorneys will discuss four ways to challenge your prenuptial.
It can be very difficult to get a judge to vacate the terms of your prenuptial agreement, but it isn’t an impossible. First, we recommend you speak with a divorce lawyer near you in Atlanta, Georgia. They will evaluate your agreement and see if any of the four challenges we will discuss below applies in your case.Before signing a prenuptial, an individual should seek the advice of a divorce lawyer in Atlanta, GA.
Challenges to an Atlanta prenuptial agreement:
Hiding assets- It a common practice for one spouse to try and hide their assets from their ex-spouses to keep them from being divided in a divorce. Some spouses also hide assets when drafting their prenuptial agreements. If you can prove your estranged spouse failed to disclose any assets when you are working on your prenuptial agreement, you can ask a judge to vacate the terms or argue for a better settlement.
Unfair terms- Sometimes one spouse includes provisions in a prenuptial that are unfair or unbalanced. Such provisions can be scrutinized by a divorce court and invalidated if a judge believes the terms are unreasonable.
Coercion or duress- Sometimes one spouse pressures the other to sign a prenuptial by either calling of the wedding or to refuse to marry their spouse until they sign a prenuptial. Divorce courts in every state have different rules that apply when a party is forced or coerced into agreeing to the terms of a prenuptial agreement. That is why you need to retain a divorce lawyer near your Georgia location.If you do plan on challenging a prenuptial agreement, you will need someone with experience and tenacity; you need one of our divorce lawyers.
Signing without legal counsel- You may be able to have your prenuptial vacated if you signed it without consulting with an attorney first. You can argue that you didn’t understand the terms of your prenuptial when you signed. This may also be an effective challenge if your spouse convinced you not to seek legal counsel before you signed an agreement.
If you want to avoid challenging a prenuptial down the road, you should have an attorney examine the terms before you sign. That way you can make certain the terms are fair and your settlement is just. Call one of our divorce lawyers in Atlanta to discuss the terms of your prenuptial.