How to Break a Prenuptial Agreement
Breaking a prenuptial agreement is a difficult and often emotional topic to bring up, especially for a couple in the middle of a divorce. Contrary to popular belief, there are actually a number of ways that a couple can break a prenuptial agreement during the divorce process. While it may seem like a near impossible task, it is actually quite possible if you meet certain requirements.
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Instructions
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Dissolve the prenuptial agreement if the agreement was signed under pressure. For example, if your husband forced you to sign the agreement and threatened you in any way if you didn't, you have grounds to break the agreement. According to Daniel Burke, a certified divorce financial analyst, "Clear proof of coercion, duress, fraud, or bad intent will void the document."
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Qualify for dissolution of the agreement for one of the following reasons: Agreements were made orally as opposed to written; the document was never signed; legal counsel at the time of signing was ineffective; or there was a severe financial imbalance before or after the marriage. If there are any outrageous terms in the agreement, such as "my spouse must lose weight in order for this agreement to come into effect," the provision will not stand up in court.
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Fight the prenuptial agreement on terms of false or incomplete information. For example, if there is any false financial information contained within the agreement, your attorney can claim that the document is void due to inaccuracy. Hire a lawyer who pays astute attention to detail and chances are she will find something that is out of order.
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