Family Law Attorney New Bedford Outlines Elements That Can Nullify A Prenup

By Debra Richardson


Breaking the news that you should get into a prenuptial agreement before tying the knot can either yield positive or negative results. What you must understand is that prenups protect both parties. In case your news is not taken well, you can request a seasoned family lawyer to help your partner understand the laws allied with this kind of agreement. When searching for the best family law attorney New Bedford is an ideal place to base initial research.

Before preparation and signing of the contract, you need to get conversant with a few elements that could make it null and void. To begin with, verbal agreements are not deemed valid by the courts. He said, she said information does not hold water and all terms and conditions need to be put in writing.

An agreement can also get nullified if it is discovered that one of the partners had fraudulent activities or intents. For instance, if the partner in question hides information regarding his or her income or assets, then the agreement is automatically invalidated. This is because its terms cannot be fair if the information around it is deceitful.

In order for your prenup to be deemed valid, it should be signed voluntarily. If it is evident that one of the partners was bullied or coerced into signing the dotted line than the contract is null and void. Involuntary signing can happen not only when one of the partners is threatened, but also when the contract is presented a night before the date of a wedding. In such a case, your spouse can claim that adequate time was not offered to absorb the conditions of a contract before tying the knot.

It is your partners right to seek out independent counsel before deciding whether to agree with the terms of an agreement or not. Normally, this right can be waived and if so, the signed agreement will be valid. The courts, however, nullify all prenups where the other party was not allowed to seek 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 complex agreements. It is hence crucial to seek legal counsel before preparing or signing one. A reliable attorney will can help you and your potential spouse to create terms that will ensure that our best interests are well protected. He or she will also see to it that you have a good understanding of the benefits of having a proper contract.

It takes research and patience to find a reliable family attorney. Whether you need help with domestic violence, divorce, child support, child custody or adoption, it pays to hire a seasoned and dependable professional. Any specialist worth trusting with your case should have an admirable professional history.




About the Author:



Aucun commentaire:

Enregistrer un commentaire