In order to make a proper determination about the validity of a prenuptial agreement you must speak with an experienced divorce lawyer. Duress Duress is defined as any unlawful threat or coercion used by a person to induce another to act or to refrain from acting in a manner he or she otherwise would not or would. The New York divorce courts have adopted this rule in Rabinovich v. For example, the New York Divorce Courts have found that a prenuptial agreement was invalid when the wife was not represented by counsel and that the agreement was prepared by the husband's attorney who also acted as the wife's attorney. Christian, 42 NY2d Here's a list of the 10 most common mistakes made by couples when executing a prenuptial agreement: Overreaching Overreaching is the act of taking unfair commercial advantage of another especially by fraudulent means. You should seek counsel of a competent attorney to help you draft a sound agreement. Our offices are located in downtown White Plains and we are available for a free initial consultation. For example, in an agreement drafted by the husband's lawyer, the wife was not represented and the husband and the husband's father presented the agreement to the wife on the night before the parties' wedding the New York Divorce Courts found that agreement to be invalid. If such provisions are present, they may weaken the whole agreement. The prenuptial agreement should be in written form. In a fraud claim a party must show that the other tried to conceal facts, usually financial, to induce the other party to sign the agreement to their detriment. The answer is "yes," but the process is not easy. The Court will disregard all such provisions and pass judgment in the best interests of the children. Hiding assets or other pertinent facts is also grounds for invalidating a prenuptial agreement.
All prenuptial agreements must be in writing and signed by both parties. Nataliya Holler is an excellent case-law example highlighting this point. An agreement signed without the benefit of consulting legal counsel — Both parties must have the ability to consult with the attorney of their choice prior to signing the agreement. The answer is "yes," but the process is not easy. If your agreement is not clear or has ambiguous wording, it may get successfully challenged in court. This area of the law is complex because there is not one factor that will warrant setting aside a prenuptial agreement therefore, all factors surrounding the creation and execution of the document will be reviewed by the courts. Ideally, you should sign four copies: These factors include the following: The facts were as follows: Likewise, presentation of a prenuptial agreement accompanied by a demand for signature without allowing adequate time to read and understand the agreement may also be grounds for invalidation. Overreaching Overreaching is the act of taking unfair commercial advantage of another especially by fraudulent means. At their divorce, the Family Court of South Carolina disregarded the prenuptial agreement finding that it was signed under duress amongst other factors. What was Steven Spielberg thinking? Furthermore, neither party had legal representation. Indeed, part of the mystique behind prenups is that they are impenetrable agreements that can possibly leave a spouse with nothing after a divorce. For example, one party does not give full disclosure of financial assets to the other party thereby hiding assets from the other party outside of the agreement. If a spouse chooses to challenge the validity of a prenuptial agreement the challenging spouse must establish the existence of fraud, duress, overreaching or unconscionability. The spouse-to-be should be given enough time to deliberate on the provisions of the agreement before signing it. If a person fails to disclose his or assets, or fraudulently discloses their assets, the prenuptial agreement could be set aside. The burden is on the party seeking to invalidate a prenuptial agreement and should show the existence of as many factors as possible. They did have a prenuptial agreement, but it was written on a napkin. Subjecting another person to improper pressure which overcomes his will and coerces him to comply with demand to which he would not yield if acting as a free agent. Unconscionable is often defined as "shocking the conscience. We have drafted and challenged countless prenuptial agreements always arguing for our client's best interest. We can be reached by telephone or by E-Mail.
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