White and White Attorneys at Law
White & White Attorney

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Is it possible to void a prenuptial agreement?

Even if you would have preferred not to sign a prenuptial agreement before marrying your current spouse, you probably know prenups are becoming more and more common. Indeed, according to reporting from Business Insider, there has been a 62% increase in them in recent years.

As you may suspect, courts in Tennessee tend to give considerable deference to the contracts individuals make. This includes prenuptial agreements. Nevertheless, under some circumstances, it is possible to get out from under an onerous or unfair prenup.

Regret

If your prenuptial agreement benefits your spouse to your detriment, you probably have some regrets about signing it. By itself, though, regret is not enough to void a prenup. Therefore, you must look for other grounds to attack the validity of your agreement.

Coercion and duress

For contracts to be legally binding, individuals must enter into them freely. If your spouse threatens or otherwise coerces you into signing the agreement, you may be able to convince a judge to toss it. Remember, though, coercion requires more than refusing to marry you unless you sign the agreement.

Fraud

Your spouse may not have been forthcoming about his or her financial situation, assets or debts when negotiating your prenup. He or she also may have committed fraud. If either is true, you certainly should ask an experienced family lawyer about whether your agreement is enforceable.

Ultimately, if your prenuptial agreement seems disastrous, it is advisable to explore all possible options for voiding it before moving forward with your divorce.