Family Law Attorney New Bedford Lists Down Elements That Can Invalidate A Prenuptial Agreement

By Debra Richardson

The news that you should sign a prenuptial agreement is not always taken well. It is even so important to know that such contracts protect the two parties involved in a marriage. In case your prospective spouse suspects your intentions after breaking the news, you can consult with a lawyer who can help him or her understand what this type of agreements are all about. During the hunt for a reliable family law attorney New Bedford is an excellent place to begin your investigations.

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.

The contract will also be nullified if fraudulent intentions or activities were involved. This often happens when either partners is trying to hide information, earnings or assets. Because deceitfulness affects the fairness of the terms, this forces the courts to invalidate the entire contract.

For any prenup or contract for that matter to be valid, it ought to be signed voluntarily. Bullying, threatening or coercing your partner into getting the dotted line signed will not validate the agreement. In fact, the courts will also annul any contracts presented to the other party a night or several hours before the wedding. In this case, the party in question can argue that he or she did not have reasonable time to absorb the terms of the contract before exchanging vows.

Both you and your prospective spouse have the right to seek independent counsel. This means that a contract is not valid if your partner was clearly not in a position to seek counsel. The judge will even so deem the agreement valid in the event where your partner waives their right to seek out independent counsel.

The courts cannot valid a contract that is out rightly and substantially unfair. An agreement that is grossly unreasonable cannot be legally enforced. For instance, an agreement where one spouse remains destitute while the other maintains ownership of all marital assets cannot be validated. Any proper agreement should have reasonable and humane terms and conditions.

Prenups are intricate by nature. It is in your best interests to seek the expertise of an attorney if you want to prepare or even sign such a contract. A reliable attorney can aid in the creation of an agreement that works for you as well as your prospective spouse. This way, you can deliberate work on staying together without feeling chained to your marriage.

The hunt for a reliable family law specialist will not be easy. This is irrespective of whether you need help with a prenup, child custody, child support, adoption or a domestic violence case. Before hiring any attorney, consider his or her levels of experience and track record when it comes to dealing with cases like yours.

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