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Did you sign your prenup under duress?

On Behalf of | Sep 17, 2021 | Divorce |

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You want to get a divorce, but there’s a problem: You signed a prenuptial agreement, and now you’re afraid that you’re not going to get what you deserve in the split. You feel like you’re trapped in the marriage. You weren’t as worried about it when you signed, because you assumed you’d never get divorced. Now it’s an issue.

One thing to consider is whether or not that prenup is even going to hold up in court. There are many reasons for a prenup to be declared invalid. Perhaps it addresses things like child custody, for instance, which are not allowed in prenuptial agreements. One of the main reasons it could be invalid is if you were under duress when you signed.

Signing a prenup has to be your decision

A prenup signed under duress is one that you were pressured into signing even though you did not want to do it. This has to be your decision, made of your own free will. If it wasn’t, that’s an issue.

For instance, maybe your future in-laws blackmailed you by saying they would put your explicit pictures online. It doesn’t have to be anything that extreme, however. Maybe your spouse-to-be handed you the prenup to sign a few days before the wedding so that you’d feel pressured because you did not want to cancel your wedding that close to the big day.

No matter how it happened, your prenup may be invalid if your spouse resorted to these tactics. Therefore, you need to know all of the legal options you have.



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