The Possible Situation on Challenges Agreement

Prenuptial agreements, or simply “prenups,” are a common means of providing security for one’s assets before entering into a marriage. Many soon-to-be spouses find the topic of prenuptial agreements both emotionally challenging and complex. However, it is important for both parties to understand the stipulations of an agreement and the conditions under which the agreement could be considered invalid so it is necessary to seek assistance from Coolangatta family law lawyers. If a couple signs a prenuptial agreement in front of family law lawyers and then divorces, a reasonable, properly drafted agreement will be enforced by the court. In some cases, however, one spouse may wish to challenge the agreement. While it possible for a prenuptial agreement to be set aside or deemed unenforceable by the court, convincing the court to do so is rarely easy. There are several reasons or possible concerns the court may use as a basis for refusing to enforce a prenuptial agreement, including that the agreement was not voluntarily signed by both spouses or that one spouse misrepresented his or her financial situation without enough knowledge from Coolangatta family law lawyers.

One of the most common reasons, however, is that certain provisions of the agreement or the entire document is inherently lopsided and, in the court’s opinion, too unfair to one spouse. A provision that is deemed too one-sided is known as “unconscionable” according to the law and may be set aside. For example, a prenuptial agreement that gives nearly all of the marital assets to one spouse and leaves the other practically destitute in the event of a divorce is not likely to be upheld by the court. Unconscionability can occur in one of two ways. The first is when the agreement was inherently unfair from the very beginning and the financial situation of the spouses are roughly the same as at the time the agreement was signed. The other occurs when there is a substantial change in circumstances that was not foreseen or accounted for prior to the marriage. To illustrate, consider a situation in which a couple signed a prenuptial agreement in which both spouses waived the right to ask for maintenance in the event of divorce.

At the time, both parties enjoyed lucrative careers with no expectation of needing financial assistance in the future. During the marriage, however, one spouse suffers a debilitating injury and is no longer able to work. If the couple subsequently divorces with help of Coolangatta family law lawyers, the provision regarding maintenance may now be unconscionable given the new circumstances. Individuals who are separated can still maintain health insurance and other spousal benefits that they would not be able to keep if they divorced. Divorce can be permanent depending on the circumstances, a legal separation may not be. This means that although it is complicated and can take time and negotiation, a separation can be undone. Only individuals that are divorced are able to remarry someone else. Individuals who are legally separated are technically still legally married to one another. There are many reasons a couple would choose to obtain a legal separation when asking from family law lawyers. For some, their religion or personal beliefs may not allow divorce. For others, they may not be fully prepared for divorce but wish to clarify property rights or other concerns in advance.