Prenup Outline

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Leah Brown Argument FOR Prenuptial Agreements and Why They Should Be Enforced 1. If the agreement is valid. a. A prenuptial agreement requires each spouse to make full disclosure of his or 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. b. Unfortunately, prenups are prone to this kind of underhandedness, as well. c. 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. 2. If the agreement was coerced, signed under duress or signed without mental capacity. a. Coercion 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. b. Still, it is not unheard of for a prenup to be thrown out on this basis. c. 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. If the paperwork wasn’t properly filed in the first place. a. As with any legal contract, the enforceability of a prenup can come down to the proverbial “crossed t’s and dotted i’s.” b.Careless errors could render a prenup less than airtight. If the initial agreement was poorly drafted, it may also be invalid. 4. If you signed without proper legal representation. a. Both parties to a prenup should have separate and independent counsel (in fact, some states actually require that they do). b. 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
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