Our family law attorneys often run into clients asking about the enforceability of a prenuptial agreement during a divorce case.
Here is what you should know—the only way you can determine if you are going to be allowed to keep certain assets following a divorce is to seek out expert legal counsel.
Remember, any legally binding prenuptial agreement is one that you have signed off on, involving issues such as alimony and/or the division of marital assets. Because of this, when drafted and executed properly, premarital and post marital agreements are usually upheld in a court.
Nevertheless, you should know a prenuptial agreement could potentially be modified or challenged by someone who has obtained experienced legal counsel. While you may have a binding agreement, there are always ways you can work with an attorney, who may be able to renegotiate or challenge certain stipulations contained in it.
Each state has individual laws designating the way assets accumulated during marriage are divided, which is something that your attorney should have talked to you about while drafting your prenuptial agreement.
If you disagree with your prenuptial agreement and feel as though it is invalid, there are ways you may be able to argue that it should be voided. This includes challenging issues surrounding its language and execution. Keep in mind, a prenuptial agreement could potentially be found invalid if you can prove that you were pressured into signing it, or it is found to contain invalid provisions and/or false information.
Jeremy Renner’s Wife Seeks Dismissal of Prenuptial Agreement
An interesting case involving a prenuptial agreement has sprung up in California, where Academy Award nominated actor Jeremy Renner’s wife has filed for divorce.
According to the New York Daily News, Renner’s wife, Sonni Pacheco filed for divorce on December 5, 2014, in Los Angeles, citing irreconcilable differences. In her divorce filing, Pacheco claims that the couple’s prenuptial agreement should be invalidated due to the basis of unspecified fraud.
She is also seeking spousal support and physical custody of the couple’s daughter.
How Can I Contact the Lawyers at KGG about a Prenuptial Agreement?
Remember, if you need help protecting assets regardless of whether or not you are married, you can speak to our attorney Paul B. Goldhamer. To make sure that your prenuptial agreement is enforceable or valid, you will need expert guidance.
You should know that our law firm provides quality representation at cost-effective rates for people seeking this guidance. Arrange a confidential initial consultation in our Rockland County or Bergen County offices. Speak to our attorneys so that you do not lose out.
Kantrowitz, Goldhamer & Graifman, P.C. – Divorce Attorneys