Family Law Attorney New Bedford Defines Elements That Can Annul A Prenup

By Debra Richardson


Breaking the news that you should get into a prenuptial agreement before tying the knot can either yield positive or negative results. What you must understand is that prenups protect both parties. In case your news is not taken well, you can request a seasoned family lawyer to help your partner understand the laws allied with this kind of agreement. When searching for the best family law attorney New Bedford is an ideal place to base initial research.

Before you prepare the contract and get it signed, you ought to get acquainted with the elements that can get it annulled. In this case, it is essential to put all terms and conditions in writing. A verbal agreement is not likely to hold water in case you have to get divorced in the future. Only on very rare occasions do the courts consider making a ruling that is solely grounded on he said she said information.

In case of fraudulent intents and activities, the courts will also nullify the agreement. This can happen if a partner attempts to hide information about properties or earnings. Deceitfulness makes it impossible to create an agreement that is fair and this pushes the courts to get the whole contract invalidated.

For a prenup to be valid, it should be signed by two willing adults. In case one of the partners is coerced to sign the agreement, then it will again be nullified. This can happen if the document is signed after threats and one of the partners does not sign voluntarily. A document that is presented a night before the wedding day may also not quashed because your spouse can argue that he or she did not have time to fully absorb the terms before walking down the aisle.

It is your partners right to seek out independent counsel before deciding whether to agree with the terms of an agreement or not. Normally, this right can be waived and if so, the signed agreement will be valid. The courts, however, nullify all prenups where the other party was not allowed to seek independent counsel.

A substantially unfair agreement cannot be legally enforced by the courts. If the terms of the contract are unreasonable by gross levels, then no judge will enforce them. For example terms that dictate that all assets belong to one partner while the other one remains penniless are without debate inhumane and unreasonable, meaning that the courts will not play a role in enforcing them.

Prenups are complex agreements. It is hence crucial to seek legal counsel before preparing or signing one. A reliable attorney will can help you and your potential spouse to create terms that will ensure that our best interests are well protected. He or she will also see to it that you have a good understanding of the benefits of having a proper contract.

It takes research and patience to find a reliable family attorney. Whether you need help with domestic violence, divorce, child support, child custody or adoption, it pays to hire a seasoned and dependable professional. Any specialist worth trusting with your case should have an admirable professional history.




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