Divorce is hard. There's no way to make this emotionally challenging time a walk in the park, but there is one way to make it simpler: hire a good attorney. A divorce attorney can act as your go-between during the proceedings, which minimizes the contact you need to have with your ex-spouse. Overall, this can lead to fewer arguments and a settlement that is more fair for all parties involved. If you're on the brink of divorce, we think reading a little more about divorce attorneys on this blog will be helpful. That way, you are prepared for what is to come.
Going through a divorce can be one of the most challenging and emotionally draining experiences anyone ca
Divorce and custody battles are often one of the most stressful and emotional experiences a family can go
Divorce can be a difficult and emotionally draining process. Couples who are going through a divorce ofte
Child custody cases are emotionally charged as they involve questions about the safety, well-being, and u
Divorce is a challenging and emotional process, often accompanied by disagreements and disputes over vari
Prenuptial and postnuptial agreements are thought to be ironclad. Yes, these are legal documents, and oftentimes, the terms of these agreements serve as precedence in a divorce, but there are instances when the terms are modified or dismissed entirely. Learn about a few possible defenses that can be applied with a prenuptial or postnuptial agreement.
False Representation
Each party must disclose all their assets within the agreement. Even if your partner is requesting that you sign a document that states you are not entitled to any share of their assets, they still have to list them all for you to view.
When a person signs an agreement and it is later discovered that the asset list provided was incomplete, the entire agreement can be deemed null and void. An attorney can review the agreement and use their investigative skills to determine if there is any false representation.
Signage Under Duress
Signing a prenuptial or postnuptial agreement should be an amicable process. Although each person might not necessarily be delighted about the idea of signing the agreement, no person should be forced to sign. For this reason, an agreement signed under duress can be invalidated during the divorce process.
However, it is important to understand what duress looks like. Duress is not a confrontation or even a threat of a breakup if the other party does not sign. Instead, it can include blackmail, physical violence, or incidents in which a person signs when they are not entirely cognizant, such as while on certain prescription medications.
Unethical Terms
There is also a common idea that a person can put whatever they want to put in the agreement, and to some degree, this idea is true. However, there is a caveat, and it is called ethics. If the terms within the agreement are considered unethical, the agreement can be tossed out during the divorce.
Similar to duress, there is some grey area when it comes to what is unethical. However, a term that would cause the person signing the agreement to forfeit any rights to the other person's assets, as well as a demand to give up their own assets in the event of divorce, might be an example of ethical concern. An attorney can review the document to highlight any problems.
If you have concerns about the legality of a document you signed and you are headed for divorce, it is best to have an attorney to review the document and terms to help you establish your defense. Take swift action to protect yourself.
To learn more, contact a divorce lawyer.
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