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Is It Possible to Break a Prenuptial Agreement?

A prenuptial agreement is created to act as a very important legal document in the event that two individuals decide to join one another in marriage. This document is a way of acknowledging the two spouses and their individual assets and therefore determining what will happen to all they own if they decide to separate down the road. Filing for a prenuptial agreement is not only for the rich and famous we see on the television either, but it is for any individual who wants to help protect themselves and their families in the event of the dissolution of their union.

As a legally binding contract, breaking a prenuptial agreement is no easy feat, however it isn’t necessarily impossible either. As with any binding contract, upon signing the document it is saying that you adhere to any and all of the stipulations required, and often it means that the contract is unbreakable. If you have signed a prenuptial agreement and you are currently considering filing for a divorce and breaking the agreement, it is first encouraged that you contact an attorney as soon as possible to discuss your situation.

There are a few possible avenues for legally breaking the contract. First, if you believe that at the time of signing the contract that you were pressured into making the decision, then you may be able to challenge the agreement. For example, if you’re spouse or their parents threatened you in any way.

Another possibility is there was never a written agreement, only verbal. This may open doors for the contract to then be broken. If the legal counsel at the time of the signing was ineffective or otherwise unqualified, this may cause reason to question validity of the contract. In the event there were ridiculous requirements in the contract such as forcing the spouse to lose a certain amount of weight, or they must bear a certain number of babies etc. may also be another reason.

Lastly, if the information or the contract itself is incompletely in any way, there may be grounds for breaking your prenuptial agreement. For example, if your spouse lied about any of the financial details, then with the help of an experienced attorney you may be able to prove that the contract is not valid and therefore breakable. When dealing with contracts, having the help of an attorney is highly encouraged because your future is at stake. At the Hopper, Hopper & Mulligan, PLLC, we are very experienced in the area of divorce and we are here to help you walk through he many complications that may come up. Whether it is dealing with your prenuptial agreements or it is determining your child custody we are here to walk with you every step of the way. Contact us today for more information!

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After almost 3 years fighting with my ex-wife over everything, I was recently awarded primary custody of my children, child support, and allowed to leave the state, something that I understand is not so common in North Carolina --fathers being awarded custody that is. Thanks to Kevin Hopper, the kids and I are finally moving past the nightmare and learning to laugh again.
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