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Why a prenuptial agreement may be deemed invalid

Prior to tying the knot, many individuals who own property or have a considerable amount of assets request that a betrothed sign a prenuptial agreement. While it may not be considered the most romantic of pre-marital gestures, in the case a marriage doesn't end up being "until death do us part," a prenuptial agreement helps ensure individuals retain ownership of assets they brought to a marriage. Or do they?

Was your prenuptial agreement signed mere weeks or even days before saying I do? Did a spouse fail to disclose certain assets prior to the signing of a prenuptial agreement? Did a spouse include unreasonable requests or unfair terms in a prenuptial agreement? These are just some of the things that, if included in a prenup, may result in a judge ruling that the prenuptial agreement is invalid.

Most Roseville area residents have likely heard the phrase blinded by love. In some cases, an individual who plans to marry may take advantage of a love-blinded fiancé and add unfair or unreasonable terms to a prenuptial agreement knowing that he or she will sign the document. However, marriages that are based upon this type of deception rarely last.

As a result, when it comes time to examine a prenuptial agreement and negotiate a divorce settlement, the previously love-blinded ex may contest the validity of a prenup. Such contents are particularly successful in cases where, in the absence of the prenuptial agreement, a spouse would benefit much more or a court's ruling would be significantly different.

Individuals who are involved in a high-asset divorce often have a lot at stake. It's wise, therefore, to retain a divorce attorney who has experience dealing with these types of divorces.

Source: The Huffington Post, "When a Prenup Gets Thrown Out," Stann Givens, July 1, 2014

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Miller & Associates, Attorneys LLP

Miller & Associates, Attorneys LLP
6542 Lonetree Boulevard
Rocklin, CA 95765

Phone: 916-780-0848 
Fax: 916-780-0787

Miller & Associates, Attorneys LLP
850 Iron Point Road, Suite 113A
Folsom, CA 95630

Phone: 916-365-4941 
Fax: 916-780-0787

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