Posted on: 21 July 2016
Prenuptial agreements are no longer the preserve of celebrities. Increasing numbers of couples are choosing to put a prenuptial agreement in place before they tie the knot in order to outline how assets will be shared in the event of a divorce. If you have signed a prenuptial agreement and are facing divorce, you may be wondering if it is valid. Below are 3 ways you may be able to contest a prenuptial agreement in court.
Your Spouse Has Hidden Assets
When draughting and signing a prenuptial, both parties must fully disclose the assets in their possession. If you have evidence that your spouse failed to fully disclose their assets at the time of signing, a lawyer may be able to argue that the prenuptial agreement is invalid, which will result in it being thrown out of court.
You Did Not Have Proper Legal Representation
When a relationship is going well, it is easy to think that a prenuptial agreement will never be used. For this reason, you may have signed a prenuptial without first seeking proper legal representation or fully understanding its conditions and terms. Australian law requires that both parties have sought legal representation and counsel before the signing of a prenuptial agreement. If you can prove that you did not receive the legal representation that was legally required, there is a high likelihood that the agreement could be deemed invalid by a judge.
The Terms of the Agreement are Unreasonable
Even if your spouse has no hidden assets and you received the proper legal representation, you may still be able to have the agreement dismissed as invalid. You should carefully examine the terms of the agreement for any unreasonable terms. For example, the prenuptial agreement may include a clause which states your partner is not responsible for paying child support. While this may have been agreed upon at the time, it is likely that a judge will either amend or remove this provision on the grounds that it is unconscionable, as it is the responsibility of each parent to support a child. They may even dismiss the entire agreement as invalid.
If have signed a prenuptial agreement with your partner and you are currently entering into divorce proceedings, you should speak to a family lawyer. They will be able to examine the agreement and help you to determine if the agreement can be contested. Your lawyer will support you in any application to the court and throughout the rest of the divorce proceedings. Contact a family lawyer today.Share