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. Will more people now try to have prenuptial agreements tossed out of court? Long ago, having a prenuptial agreement was considered stodgy or even insulting, but these days, “prenups” are becoming increasingly common for high net worth couples. Simply put, a prenup formalizes the understanding between spouses-to-be as to which of their assets will become marital property, which will continue to belong to whom individually, and, in the event of a breakup down the road, what financial provisions are to be made. Most commonly, a prenup is drawn up to protect the spouse with greater separate assets from losing an unfair proportion of that wealth if the marriage should end.

Until recently, prenups were considered difficult to void. Indeed, I consistently advise brides-to-be to have a thoughtfully conceived prenup in place to protect their financial interests.

However, it does sometimes happen that a woman who signed such an agreement, and whose husband now wants a divorce, has defensible grounds for wanting that agreement revoked. Here are five conditions under which that could happen:

1. The agreement is fraudulent.

A prenuptial agreement requires each spouse to make full disclosure of his/her assets. In divorce, it is quite common for the husband to undervalue assets or fail to disclose them at all, so these assets can’t be made part of a settlement agreement. Unfortunately, prenups are prone to this kind of underhandedness, as well. 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.


2. The agreement was coerced, signed under duress or signed without mental capacity.

Coersion or duress can be extremely difficult to prove, and, as with many aspects of divorce law, different states have different standards for what it means to have been coerced into an agreement. 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.

3. The paperwork wasn’t properly filed in the first place.

As with any legal contract, the enforceability of a prenup can come down to the proverbial “crossed t’s and dotted i’s.” Careless errors could render a prenup less than airtight. If the initial agreement was poorly drafted, it may also be invalid.


4. You signed without proper legal representation.

Both parties to a prenup should have separate and independent counsel (in fact, some states actually require that they do). 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. Signing a contract without legal representation is never a good idea! But if that’s how you signed your prenup, there may be a chance of invalidating it.

5. The agreement contains ridiculous provisions . . . or is simply too lopsided.

Even though divorce court judges are typically disinterested in most peculiarities of individual contracts, there can be factors that raise eyebrows. 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.

In summary, in order for a prenup to be effective:

- Both parties must have their own separate attorney. Plus, the prenup must be:

- Written. Oral prenups are not valid.

- Executed voluntarily and without coercion. e.g A prenup that’s signed the day before the wedding can be invalidated.

- Executed only after full disclosure. If you hide assets and/or liabilities, you run the risk of invalidating the prenup.

- Conscionable. A prenup cannot be unconscionable. In other words, the prenup could be invalidated if the agreement is too lopsided, with one party awarded almost everything and the other receiving only a pittance.

- Executed by both parties, preferably in front of witnesses (or a notary). Some attorneys even recommend having a judge witness the signing to make sure that neither party was coerced into signing.

- Written in a recordable format, such as a real estate deed

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. Whichever side of the coin you’re on --whether you’re trying to void an agreement or trying to draft one that cannot be voided --it’s critically important to consult with professionals who have the expertise to help you navigate these sometimes choppy waters and plan for a secure financial future.

SOURCE: https://www.forbes.com/sites/jefflanders/2013/04/02/five-reasons-your-prenup-might-be-invalid/#865348119a50

Too long, someone should summarize please

@Offpoint, your name dey manifest. The summary is already at the bottom. But I will humor you.

In summary, in order for a prenup to be effective:

- Both parties must have their own separate attorney. Plus, the prenup must be:

- Written. Oral prenups are not valid.

- Executed voluntarily and without coercion. e.g A prenup that’s signed the day before the wedding can be invalidated.

- Executed only after full disclosure. If you hide assets and/or liabilities, you run the risk of invalidating the prenup.

- Conscionable. A prenup cannot be unconscionable. In other words, the prenup could be invalidated if the agreement is too lopsided, with one party awarded almost everything and the other receiving only a pittance.

- Executed by both parties, preferably in front of witnesses (or a notary). Some attorneys even recommend having a judge witness the signing to make sure that neither party was coerced into signing.

- Written in a recordable format, such as a real estate deed

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. Whichever side of the coin you’re on --whether you’re trying to void an agreement or trying to draft one that cannot be voided --it’s critically important to consult with professionals who have the expertise to help you navigate these sometimes choppy waters and plan for a secure financial future.

Na with this kain ting all these small girls dey use clear grown men of all their money during divorce.

See all the possible ways that paper gets thrown out.
The best way is to just not marry in this day and age. Stop playing a loosing game fellas

Men are logical beings. Men will just dump the idea of marriage completely and cohabitate instead, especially in states that do not consider cohabitation as a legal form of partnership (e.g Mississippi and Michigan). And if they change cohabitation laws in all states, well, it's time to just move to a country thay doesn't see you as a mere wallet.

Nonsense

pansophist:
Men are logical beings. Men will just dump the idea of marriage completely and cohabitate instead, especially in states that do not consider cohabitation as a legal form of partnership (e.g Mississippi and Michigan). And if they change cohabitation laws in all states, well, it's time to just move to a country thay doesn't see you as a mere wallet.

What other states don't have that bloody cohab law right now besides those 2?

2buffagain:


What other states don't have that bloody cohab law right now besides those 2?

I know for sure that the following states have anti-cohabitation laws and not recognized as a form of partnership., Michigan, Mississippi, North Carolina, Virginia, and West Virginia.

I'm never gonna get married without a prenup. Most marriage laws are made to favour women because they usually have the least asset, some have even turned divorce to full time business.
Just look at Jeff Bezos, a normal woman might forgive her husband but because his wife knows what she stands to gain, she'll rather die to get that divorce.
I'm yet to read of any case of any couple sharing the wife's assets, it's always the other way around.

Well,Nothing that won't get abused eventually. Marriage would soon be for those who have nothing or less to lose. We never get prenup in Nigeria yet men are already tilting towards baby mama's. So a man would struggle to provide for both his wife & children & then lose all or half of his wealth after he's done his part & wants out? Nobody should harp about the stress of having pregnancies or raising children abeg. That's the default for women. They were created to do what a man cannot do. But it's not a valid enough reason to deprive a man of his gains. The dynamics of modern times has made it more costly for providers. A valid reason for me would be if the couple had joined both BRAINS&FINANCES to build their wealth together 100%. These are secondary functions apart from providing sperm & giving birth. unfortunately most women of rich men & even ordinary men are just baby machines & decoration. Never going past the primary function & it's not like they don't have the chance. Who doesn't like it easy.

The marriage arrangement is never equal. If the above valid reason was met...I'll gladly share my wealth with the concerned party. We both worked for it. Claiming equality when 8 times out of 10,the Man's input is thrice that of the woman.Hogwash! Be wary of feminized societies.

Darkseid:
I'm never gonna get married without a prenup. Most marriage laws are made to favour women because they usually have the least asset, some have even turned divorce to full time business.
Just look at Jeff Bezos, a normal woman might forgive her husband but because his wife knows what she stands to gain, she'll rather die to get that divorce.
I'm yet to read of any case of any couple sharing the wife's assets, it's always the other way around.

most of those laws were written by men.
The men on top are always fools I don't know why.

2buffagain:
@Offpoint, your name dey manifest. The summary is already at the bottom. But I will humor you.

Summary still too long, can you please summarize the summary or still... abbreviate it or shorthand it

Offpoint:

Summary still too long... abbreviate it or shorthand it

lilbest4:
most of those laws were written by men.
The men on top are always fools I don't know why.

The real reason is because divorce is a multi-billion dollar business that the government benefits from at the end of the day...hence the backward laws still existing.

Divorce is especially encouraged because it also feeds into the child support industry.

In general, any weakness in society that is ever allowed to be turned into an industry means there will always be forces preventing that weakness from being truly resolved (e.g generator industry in Naija).

Not only that, they will further create more laws to increase problems so the industry can grow, like that "No fault divorce thing".....I mean reason this shiit. Before, there had to be a reason for divorce. Now woman can just wake up one morning and just decide to join the government (serpent) to screw your life up and enslave you financially just because she had a mood swing.

Even if he caught the woman CHEATING and he is divorcing her for her infidelity, that won't change anything. The man would still PAY.

The government is basically the serpent, and Eve is still an easily-deceived, power-thirsty brat that hasn't changed. Those 2 have been out to get man since day one. The first whisper was "You can be like God" (God being Alpha wasn't even having none of that. Straight boot). Next whisper is "You can be like a man" (Hence radical or illogical feminism, but men are too chicken-shiit to deal with it like God did).

Only fools marry right now in some parts of the world.