Law Offices of Indu Srivastav, APLC
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What are the downsides of prenuptial agreements?

If you got married and have a prenuptial agreement, you may be worried about how it will affect you in divorce. There are pros and cons to having a prenuptial agreement in place. While a prenuptial agreement may have been well-intended, you and your spouse may later find that it doesn't really address the situation you're in currently.

One of the major problems with a prenuptial agreement is that it has the tendency to favor only one spouse. One partner might have the prenuptial agreement drawn up and ask for the other to sign. They might not give them much time to decide, or they might encourage them to agree at the last minute before their wedding. That behavior could actually lead to the prenuptial agreement being thrown out in court, so if you were pressured into signing one, let your attorney know.

Another issue with prenuptial agreements is that they have to make assumptions about your future. They assume that the person earning more will continue to earn more. It assumes that the person with a greater number of assets or the larger portion of debt will remain the same over time. That's not always true. A lot can change in a few years, and you may both find that the prenuptial agreement doesn't address the financial situation you're in at the time of your divorce.

What should you do if you want the prenuptial agreement thrown out?

If you want to have a prenuptial agreement thrown out, you'll need to show that you didn't enter into it legally or that it's extremely one-sided. Your attorney can help you show that the agreement isn't appropriate and help you negotiate a different settlement during your divorce.

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Law Offices of Indu Srivastav, APLC
1400 N. Harbor Blvd., Suite 601
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