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How can I get out of a prenuptial agreement?

If you are thinking about getting married, then you no doubt have a lot on your mind. You might be concerned about the ceremony itself, the honeymoon afterwards, and how to pay for it all. Yet, if you have significant assets going into a marriage, then you might also find yourself worried about how to protect your financial interests. Many Californians choose to enter into a prenuptial agreement as a way to settle potential divorce legal issues prior to marriage, but sometimes it might behoove you to try to get out of the agreement at some point after its execution.

There are only a handful of ways that a prenuptial agreement will be found to be invalid. First of all, it is worth noting that these agreements are only legally binding if they are in written form. Oral promises likely won't hold any value in court. Another way that a prenuptial agreement can be rendered invalid is if it is found that you were pressured into signing the agreement. You can also make an argument for invalidation if you were not given enough time to read and properly evaluate the terms of the agreement.

Sometimes these agreements are found invalid because they are inaccurate in one way or another. For example, an agreement that fails to detail certain information may not be legally binding. The same certainly holds true when a prenuptial agreement is based on disclosures of false information.

These are just some of the ways that prenuptial agreements can be rendered invalid. Of course, getting out of such an agreement requires extensive evidence and strong legal arguments. If you are looking for ways to get out of an existing agreement, or if you are defending yourself against such a claim, then you may want to consult with an experienced divorce attorney.

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