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Posted by: Maricopa Lawyers on Jan 21, 2016

Of course, when you were first married, you expected a happily ever after. Now that the marriage is ending, you realize that not only was the “happily” part not-so-realistic, but some unfortunate legal concerns are now on the table. If you signed a prenuptial agreement, you may also have a strong reason why you want to break it, and may be wondering what would happen if you did. Here’s a deeper look at the matter.

In general, prenups are difficult to break, because they are a legal contract. Exceptions include when unlawful activity has occurred, or you have clear proof of coercion, duress, fraud, undue influence or bad intent.

Reasons a Court would Throw Out a Prenuptial Agreement

  • Coercion. If under any circumstances, you were coerced by your spouse into signing the prenup, the court can thrown the contract out.
  • Hasty Agreement. If the prenup is brought up minutes before your wedding, it is under the discretion of the law to invalidate the prenup, as the parties involved were not given enough time to make a careful decision.
  • Fraud. If there was an attempt to commit fraud by failing to disclose all of the assets and debts in the premarital agreement, the court is at liberty to nullify the contract.
  • Unenforceable Conditions. If a prenup states that one of the parties will not pay child support in the event of a divorce, the courts will most likely void at least that portion of the agreement.

couple divorcing

When to Speak to Family Lawyers

While they are binding legal contracts prenuptial agreements are thrown out regularly. An experienced family attorney can help you gauge if the prenuptial agreement is breakable. In these types of cases, judges make the final rulings, and are likely to make decisions based on what seems fair. While a prenup is a legally binding contract, a family attorney can help you determine the best course of action in dealing with it.