Prenuptial Agreement Delete Selected Option For Free

If you incorporate an infidelity clause in a prenup, it doesn't necessarily mean you don't trust the person you're marrying. It does, however, provide a way for you to protect your financial interests if an extramarital affair prompts you to divorce.

The most common grounds to dissolve a prenuptial agreement include coercion or duress, unconscionability, and failure to disclose.

In California, a prenuptial agreement can be voided depending on several factors, including improper timing, coercion, and mishandled procedures.

Though uncommon, infidelity clauses are not unheard of, they are often requested by a prospective spouse who loves her partner (future wives ask for these more than husbands), but who knows of or suspects a history of cheating, or who has been the victim of a cheating spouse.

Spousal abuse or cheating does not void or invalidate a prenuptial or partition agreement unless the agreement specifically states that. Most prenuptial or partition agreements do not mention abuse or cheating.

Changed Circumstances Eventually, a prenup can be declared void if the parties' circumstances have changed immensely since the agreement was signed. For example, if one party has lost their job, become ill, or encountered other financial challenges, the prenup may be deemed unfair and unjust.

And with it comes serious consequences, including the following: Voiding of the document ? The court could rule that the document is no longer legally binding. Loss of financial protection ? You could start a lawsuit against your spouse; anything they have could be fair game.

Prenups are typically dependent on the complete disclosure of assets.The prenup loophole is that, should the agreement come into a court setting, the only thing one side has to do is find a legitimate asset that was excluded when the agreement was executed. As the law goes, ignorance is no excuse.

The three most common grounds for nullifying a prenup are unconscionability, failure to disclose, or duress and coercion. Unconscionability may be present if the agreement is patently unfair to one party.

Generally, the answer is that there is no expiration date. You'll need to show the prenup is invalid for reasons other than the length of the marriage. You'll need an experienced family lawyer who aggressively fights to protect your marital property interests and fights for alimony, child custody, and child support.