Was your prenuptial agreement misrepresented?

On Behalf of | Aug 11, 2023 | Blog, Prenuptial Agreements

Prenuptial agreements provide both parties in a marriage with clear expectations for financial distribution in the event of divorce. In most cases, prenuptial agreements are reliable and the default basis for divorce settlement agreements. In some instances, one party in the marriage may need to contest the agreement.

Misrepresentation can invalidate a prenuptial agreement, especially when that misrepresentation creates a situation that unfairly benefits one party. There are a few common means of misrepresentation in a prenuptial agreement.

Forcing a signature

If your future spouse asks you to sign the document with no opportunity to read it and refuses your request to do so, that qualifies as misrepresentation because they denied you the opportunity to understand the contract when signing. This is also true if your future spouse presents the document as something other than a prenuptial agreement in an attempt to get your signature.

Falsifying information

Another form of misrepresentation involves the representation of their financial position. If your future spouse has more assets or a higher net worth than they indicated, there were assets hidden from your knowledge, or they otherwise misrepresented their worth, that may constitute fraud. This creates a situation where the contract lacks good faith and may be invalid as a result.

Signing a prenuptial agreement should create a fair and reasonable situation for both parties. When one has an unfair advantage through misrepresentation of any kind, this often invalidates the contract. Consider your situation and protect your rights to fair asset distribution if your prenuptial agreement resulted from misrepresentation.