Prenuptial Agreement Invalidations

When making a prenuptial agreement, consult an experienced attorney so it is executed correctly.

2011-06-05

June 05, 2011 (Press-News.org) Prenuptial Agreement Invalidations

A prenuptial or "prenup" agreement can bring peace of mind and security to couples entering into marriage. However, if done incorrectly a prenuptial agreement can be invalidated in court. When making a prenuptial agreement, consult an experienced attorney so it is executed correctly. Otherwise you may find your prenuptial agreement is invalid, perhaps for one of the common reasons below.

One Party to the Agreement Does Not Fully Disclose All Assets

If one party hides assets when creating the prenuptial agreement a court may find it void. This is especially true if the wealthier spouse hides assets. In some states a party can waive his or her right to a full disclosure of assets in the prenuptial agreement, so long as the spouse understands what he or she is waiving. Absent a specific waiver or other circumstances, however, most courts require each spouse to be honest about their financial situation before agreeing to a prenup.

The Agreement is Not Fair

A prenuptial agreement must be fair. If one spouse will financially prosper while leaving the other saddled with debt and little income or property, a court would likely find it "unconscionable" -- i.e. grossly unfair -- and not enforceable.

One Party Was Under Duress, Did Not Read the Agreement or Have Legal Counsel

The both parties must have full knowledge of what they are signing, and sign it of their own free will. Prenuptial agreements that are signed hours before the wedding may be invalid, as one spouse may have not understood what he or she was signing. Similarly, signing under threats or with undue pressure can make the agreement void.

Some states require separate legal counsel for a prenuptial agreement to be valid. Even for those that don't, however, obtaining counsel to protect individual rights is a good idea.

Some Provisions are Invalid

A prenuptial agreement simply can't do everything, even if both parties want and agree to a specific provision. For example, prenuptial agreements can't determine child support and custody, completely waive the right to alimony or include personal lifestyle matters. If any of these are included, a court will either make that provision invalid or make the entire agreement void.

Contact an Attorney

Prenuptial agreements can be complicated legal documents that require experienced attorneys to help both parties entering into the contract. If done correctly, a prenuptial agreement allows both parties to enter into marriage with a clear idea of financial obligations in the future and in case of a dissolution of the marriage.

Article provided by Thompson Law Group, P.A.
Visit us at http://www.thompsonlawpa.com

ELSE PRESS RELEASES FROM THIS DATE:

Setting Straight Social Security Disability Benefit Myths

2011-06-05

Setting Straight Social Security Disability Benefit Myths Social Security myths tend to spread rapidly, as concerned elderly and disabled persons who can no longer work are relying on benefits as a large, and sometimes only, source of income. In the interest of calming some common worries, this article will highlight some misconceptions regarding Social Security benefits. Social Security is Just a Retirement Program for Workers Not true. Social Security has actually expanded to include low-income earners, disabled individuals and survivors through Social Security ...

Sexual Assaults Result in 10 Year Prison Sentence for Shoreview Man

2011-06-05

Sexual Assaults Result in 10 Year Prison Sentence for Shoreview Man Recently, a Twin Cities man was convicted for his role in sexual assaults on intoxicated women in the area. According to a report in the Minneapolis Star-Tribune, Maksud Mahbub would visit local bars and look to assault women who had been drinking heavily. At the trial, one victim testified that Mahbub offered her a ride home from a downtown Minneapolis bar. Mahbub brought the woman to his Shoreview townhouse where he allegedly raped her. The victim also testified that she had six shots of liquor ...

Property Ownership for Unmarried Couples

2011-06-05

Property Ownership for Unmarried Couples Being married gives a couple certain legal rights, among which can be joint ownership of property purchased during the marriage. This is no small thing, as a division of assets occurs when a marriage ends, either by spousal agreement or in court. State laws and courts attempt to make the division of assets during a divorce as fair as possible. However, when you make purchases while not married, even if you purchase property "with" someone or after having lived together for a long time, the law does not automatically ...

Keeping Children Safe on Bikes

2011-06-05

Keeping Children Safe on Bikes Riding a bike is an enjoyable summer activity for the entire family. But if not done safely, serious injuries can result from this otherwise safe activity. According to the National Highway Traffic Safety Administration, 630 cyclists were killed in traffic accidents across the United States in 2009. California alone experienced nearly 16 percent off all cycling fatalities. Though that number is down from the 786 killed in 2005, it still represents nearly two percent of all traffic fatalities. Safety Tips The NHTSA recommends ...

Tax Considerations During Divorce

2011-06-05

Tax Considerations During Divorce One of the last things you want to think about during a divorce is taxes. However, knowing a few basic tax matters arising from a divorce can reduce frustrations and surprises when filing your first tax return after the divorce is final. Filing Status: Married or Single? Significant life changes, such as divorce or the birth or adoption of a child, have tax consequences for the entire calendar year in which it occurred. For example, if you were divorced in December, you will have to file as single, even though you spent 11 months ...

Infant Head Injuries Rise During Recession

2011-06-05

Infant Head Injuries Rise During Recession In a shocking revelation, researchers at University Hospitals Rainbow Babies and Children's Hospital in Cleveland, Ohio, reported that the incidence of non-accidental head trauma in infants increases dramatically during times of economic recession. A study at the University of Pittsburgh in 2010 came to a similar conclusion. In that study, which evaluated cases of non-accidental head trauma of infants and young children from 2004 through 2009, researchers found that twice as many abusive head trauma cases occurred per month ...

Regulations Propose Stricter Hours of Service Monitoring

2011-06-05

Regulations Propose Stricter Hours of Service Monitoring According to the National Highway Transportation Safety Administration (NHTSA), part of the U.S. Department of Transportation (DOT), driver fatigue kills 1,550 people each year and contributes to 71,000 driver-fatigue injuries. To combat this public safety problem, the DOT had already proposed a mandate that companies that habitually violate federal hours-of-service standards install electronic onboard reporters (EOBRs). In February 2011, the federal government expanded the requirement to include a majority of ...

Doctors Have a Duty to Disclose Risks to Patients

2011-06-05

Doctors Have a Duty to Disclose Risks to Patients The law allows a patient to have control over his or her own body. To that end, a patient must give informed consent to a doctor before the doctor can perform a medical procedure. The patient needs enough information to make an educated and intelligent decision regarding medical care. When at all possible, a doctor should inform you: -What illness or condition you have -What treatments are available -The risks involved with those treatments -The likelihood of success for those treatments -The risks of failing ...

State Patrol Using Traffic Cams and Cell Phones to Catch Drunk Drivers

2011-06-05

State Patrol Using Traffic Cams and Cell Phones to Catch Drunk Drivers According to the Associated Press, Minnesota's Department of Transportation monitors over 500 cameras to observe traffic throughout the state, with most focusing on the Twin Cities and surrounding areas. More and more, the Minnesota State Highway Patrol is relying on this network of traffic cameras and citizens reporting drunk drivers on the road. After a driver spots a suspected drunk driver and calls 911, the dispatcher uses the traffic cameras to locate the vehicle. Law enforcement officers ...

Worn Out Women Are Filled Back Up At The Worn Out Women's Conference In Greensboro, North Carolina, Saturday, June 4, 2011 featuring Kelly Swanson Motivational Speaker.

2011-06-05

Westover Church in Greensboro, NC will be hosting the Worn Out Women's Conference on Saturday, June 4th, 2011. Close to 400 women have signed up for this special day of laughter, fellowship, healing words from the Father, and food for the soul. The day is filled with praise and worship from singer/songwriter Abby Sutton, powerful teachings by Angela Thomas, and a hilarious and incredibly moving one-woman show from Kelly Swanson, award-winning storyteller, comedian, and motivational speaker. The goal is to give women a place where they can escape for the day. Where they ...

Synergistic effects of single-crystal HfB2 nanorods: Simultaneous enhancement of mechanical properties and ablation resistance

An ECOG-ACRIN imaging study solves a long-standing gap in metastatic breast cancer research and care: accurately measuring treatment response in patients with bone metastases

Cleveland Clinic presents final results of phase 1 clinical trial of preventive breast cancer vaccine study

Nationally renowned anesthesiology physician-scientist and clinical operations leader David Mintz, MD, PhD, named Chair of the Department of Anesthesiology at the UM School of Medicine

Prenuptial Agreement Invalidations

ELSE PRESS RELEASES FROM THIS DATE:

LAST 30 PRESS RELEASES: