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A prenup signed under duress won’t stand

| Feb 20, 2020 | High-Asset Divorce and Property Division |

Do not assume that just signing a prenuptial agreement means it is absolutely going to stand up to scrutiny when you get divorced. There are numerous reasons why the court can decide to throw out a prenup and figure out new terms during the case. 

One of the most common reasons that a prenup is invalid is when you were under duress at the time of signing. If you were, that signature becomes worthless. You did not sign the agreement of your own free will, so you’re not bound by it. 

Duress is different from case to case, but it usually just means you felt some type of outside pressure that made it so you thought you had to sign — even against your wishes. Maybe you were trapped in an abusive relationship and they threatened you, saying you’d suffer some sort of harm if you didn’t sign. Maybe they tried to manipulate you by waiting until the last moment to bring up the prenup, making you feel like you had to sign so you wouldn’t lose the money you had already invested in the wedding. 

No matter how it happened, you didn’t feel free to make your own choice. It doesn’t matter if you would have chosen to sign. You never had a choice at all, so your agreement is not legally binding. 

Prenup issues can make a divorce more complex, but even a simple divorce can have some complications. This is not a time when you want to make any mistakes that may impact the rest of your life. You need to know all of the right legal steps to take