Skillfully Handling Prenuptial Agreement Litigation
Just because you signed a prenuptial agreement does not mean that agreement can be enforced against you in your divorce case. There are several grounds for challenging prenuptial agreements in court, including changed circumstances, unfairness and duress.
At the Diamond Law Firm in Los Angeles, we understand how best to challenge prenuptial agreements and also how to defend them against challenges. To schedule a free consultation with one of our experienced family law attorneys, contact us today.
Examining What Happened After You Entered Into the Agreement
One way to challenge a prenuptial agreement is to show that circumstances have changed since the agreement was adopted, and it is no longer fair or appropriate to enforce it. There are several things that can invalidate a prenuptial agreement. For instance:
- If spousal support is ruled out in the agreement but the marriage has lasted a long time or one spouse has become disabled, the court may overrule that provision.
- If the agreement has separate property provisions for certain assets, such as income, but those assets become intermingled, they may be considered community property.
- If you have proof of an oral waiver of the agreement, it can be invalidated, even if the actual agreement states that it can only be modified in writing.
Our attorneys are experienced at seeking out all opportunities to challenge prenuptial agreements that would no longer be fair to enforce due to changed circumstances.
Showing that You Signed the Agreement Under Duress
Another way to challenge a prenuptial agreement is to show that one party signed it under duress. If you were not given an adequate chance to weigh the positives and negatives of signing an agreement, or if you were coerced into signing it, it may be invalid.
In recent years, it has become harder to prove duress. The high-profile case of baseball player Barry Bonds is one in which a prenuptial agreement was enforced even though Mr. Bonds' wife signed it the day before the wedding, without a lawyer present.
We understand the limits the California courts have placed on duress arguments and will pursue every option for challenging a prenuptial agreement that was signed under duress. Contact us to discuss how we can help you.
