Invalidating your own signature
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.
Here are five conditions under which that could happen: 1. A prenuptial agreement requires each spouse to make full disclosure of his/her assets.
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. The agreement was coerced, signed under duress or signed without mental capacity.
But if that’s how you signed your prenup, there may be a chance of invalidating it. Plus, the prenup must be: 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.
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.
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.