Premarital Agreement

Enforcing a Premarital Agreement

Premarital agreements are binding legal documents. They are typically enforceable without consideration, meaning the court will enforce the agreement even if there is nothing of value exchanged for one party. There are a few instances in which a premarital agreement can be nullified. Many of these cases involve the circumstances around the signing of the agreement. Some of the most common reasons for nullification include:

• A party did not sign the agreement voluntarily
• A party was not provided fair and reasonable disclosure before signing
• A spouse did not have, or reasonably could not have, adequate knowledge of the property
• A party did not voluntarily and expressly waive any right to disclosure of the property or financial obligations

These are just a few examples of cases that would legally nullify a premarital agreement. Void marriages also negate some aspects of a premarital agreement. If a marriage is determined to be void, the premarital agreement is only enforceable to the extent required to avoid an inequitable result.

Contact a Premarital Agreement Lawyer

If you or someone you know is involved in a divorce that involves a premarital agreement, it is necessary to take all legal precautions possible to best protect your interests. Divorces are emotionally and physically difficult, and adding an inequitable division of property only makes the situation worse. At Kirker Davis LLP, we believe in handling all divorces quickly and fairly for both spouses. Our legal professionals will work with you to understand the circumstances around your divorce so that we can develop the best legal strategy possible. Contact us at (512) 746-7304 to speak with a member of our legal team about your case.