Prenuptial Agreement Hide Option Choice For Free

Spousal abuse or cheating does not void or invalidate a prenuptial or partition agreement unless the agreement specifically states that. Most prenuptial or partition agreements do not mention abuse or cheating.

To defeat a prenuptial, a party must show the following:The agreement was signed under fraud or duress;The agreement is unconscionable;The circumstances of the parties have changed, making the agreement unenforceable at this time.

These documents need to be revised, refreshed, updated and reaffirmed through a post-nuptial agreement on a regular basis. This is advised every five years, but at the very least, couples should re-affirm their agreements every 10 years. Failing to do so could cause a prenup to appear stale and outdated to the court.

False Information: A premarital agreement is valid only if it is entered into after full disclosure by both parties -- as to their income, assets, and liabilities. If one prospective spouse provides the other with information that is not true, the agreement is invalid.

Couples may choose to use trusts rather than prenuptial agreements because there is less stigma attached to them. Couples who have received inheritance or couples who have earned money prior to the marriage may choose to set up individual trusts for each partner to clarify who owns what.

Rather, prenuptial agreements (prenups) can contain provisions referred to as cheating clauses, which can entitle one spouse to financial gain in the case that their partner commits infidelity.

A prenup can also be overturned if one or both parties change their mind after initially signing the agreement. They may decide at that time to sign a new agreement suspending the prenup.