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:
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.
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.