Colorado residents may have noticed that prenuptials have become increasingly more common over the last few decades. Couples are realizing how much their assets may be worth and that they may want some personal security in their marriage. They are not necessarily seen as cause for believing a marriage will end, but they are still regarded with sincerity in most cases. The contract often is an ‘if-then’ kind of agreement, but sometimes it is possible to get out of the previously agreed upon statutes, albeit rarely so.
There are a few ways to go about breaking a prenuptial contract during a divorce, most of which depend on what was said in the document and how it was carried out. One way is if there had been a mistake made when filling the papers out, the contract could be subject for further legal scrutiny. Another way is if your ex-spouse hadn’t been entirely forthcoming about their assets, however, this is reported to be difficult as intention and purposeful withholding of information must be found in most cases.
Other ways to get out of your prenuptial contract involve proof of coercion, though this is also said to be extremely difficult to prove, and the finding of clauses to be unenforceable under certain conditions. In cases surrounding circumstances where one party is unable to meet the requirements of the contract, that party could appeal to see if the rules of the agreement can be altered or lifted.
These different options are a few ways to go about working through a difficult prenuptial, but it is important to keep in mind what you believe you can agree to when signing the contract in the first place. Coloradans would do well to contact an experienced attorney to discuss their options in mediation regarding asset division and prenuptials, should they find themselves in a situation where they are unable to meet the requirements of their contract.
Source: Reuters.com, “Though it’s relatively rare, there are ways to break a prenup,” Geoff Williams, Oct. 5, 2012