Prenuptial Agreement Law. Top Reasons a Prenuptial Agreement may mot be Valid

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Do it yourself prenuptial agreement online. Consider a valid prenuptial contract. To be valid, a prenuptial agreement must be in writing and signed by both spouses.

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Prenuptial Agreement  

Top Reasons
a Prenuptial Agreement may not be Valid

 
 
  • Agreement not in Writing. Prenuptial Agreements must be in writing to be enforceable.
  • Not Properly Signed. Both parties must sign Prenuptial Agreements before the wedding.
  • Your Arm was Twisted. An agreement may not be valid if one of the spouses was pressured by the other or (by his or her lawyer or family) to sign the agreement.
  • You didn't Read It. If your spouse-to-be shoves a bunch of papers, including a Prenuptial Agreement, in front of you and asks you to sign them, explaining them away with such excuses as "it's all just a bunch of legal mumbo jumbo," and you take him or her at face value and sign without reading, the agreement should not be enforceable.
  • Provisions are not Legal. Although a Prenuptial Agreement can cover just about any financial aspect of the parties' relationship, it cannot in any way modify the child support obligations that either spouse would have if the marriage should end in divorce. Any other provisions of the agreement that violate the law would also be invalid. It is possible, however, that the court would en-force the remainder of the agreement, rejecting only the illegal clauses.
  • False or Incomplete Information. A Prenuptial Agreement is valid only if signed after both parties have honestly and completely disclosed their income, assets, and liabilities. If someone was lying, the agreement is invalid.
  • Unconscionability. It's true that you can agree to give up your right to inherit from your spouse, which you would otherwise be entitled to do upon your spouse's death, even if he or she left you out of a will. You can sign away your right to spousal support if you should end up in divorce court, even if your spouse makes ten times as much money as you do. However, if the agreement is so grossly unfair that one party gets everything and the other gets nothing, the court probably will not enforce it. "Unconscionable" contracts that only a fool would sign are generally found invalid, and Prenuptial Agreements are no exception.
 
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Ensuring the spirit of halachic marriage

The Jewish Journal of Greater L.A.
The first thing we each need to do is insist that every single couple that marries signs the halachic prenuptial agreement (go to rabbis.org). The halachic prenup is not a panacea, but it has the civil legal capacity to profoundly discourage husbands ...
Ensuring the spirit of halachic marriage

The Consequence of Unenforced Ethical Guidelines for Collaborative Divorce

Huffington Post (blog)
The reason I say possibly spousal support and division of property is that there may have been a fully executed premarital agreement involved and the validity of that agreement, if any, was in question. In any event, issues pertaining to child support ...
The Consequence of Unenforced Ethical Guidelines for Collaborative Divorce

Offering An Employment Contract That Works

Palisades Hudson Financial Group
Employment contracts and prenuptial agreements have something in common: We are often reluctant to discuss them amid the excitement of a new relationship, but they can save a lot of conflict and expense if things don't work out as we hope. Nobody can ...
Offering An Employment Contract That Works

Judge rules jilted woman can keep $53000 diamond engagement ring

Buffalo News
Billittier called off the wedding because he said Clark refused to sign a prenuptial agreement. After the breakup, she moved out of his home on Old Lakeview Road in Hamburg. At the trial, Clark said Billittier did not ask her to return the other ...
Judge rules jilted woman can keep $53000 diamond engagement ring

Confronting the problem of Orthodox divorce

The Jewish Journal of Greater L.A.
Currently popular is the “prenuptial agreement,” which is really an arbitration agreement, granting power to the beit din (Jewish court of law) to decide whether the husband should give his wife a get, as well as to impose a daily support amount he ...
Confronting the problem of Orthodox divorce
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