Понравилась презентация – покажи это...

Слайд 0

CAN A PREMARITAL AGREEMENT EVER BE INVALID? A Guide to Problems with Premarital Agreements

Слайд 1

A Premarital Agreement Is A Contract

Слайд 2

Premarital agreements are contracts entered into by a husband and a wife in consideration of marriage

Слайд 3

The premarital agreement must be written, as oral agreements are not going to be enforced by a court

Слайд 4

You must follow all rules for drafting a premarital agreement and contract in your state for the premarital agreement to be considered valid

Слайд 5

If there is a problem in the creation or the terms of the premarital agreement, it can be declared invalid

Слайд 6

Premarital Agreements Can Be Invalidated in Whole or in Part

Слайд 7

If a couple is divorcing and one spouse believes the premarital agreement should not be enforced, he or she can raise arguments to the court explaining why the premarital agreement should be invalidated

Слайд 8

The court can invalidate or refuse to enforce certain provisions of the contract, such as when there is a problem with just one clause or part

Слайд 9

The court can also invalidate the entire agreement if there is a problem in the creation of the contract

Слайд 10

A Premarital Agreement Can be Invalidated Due to Fraud

Слайд 11

Both parties must enter into the premarital agreement knowing the material facts

Слайд 12

If one spouse hid information about assets, income or other relevant issues, then the premarital agreement can be invalidated as a result of fraud

Слайд 13

If one spouse lied or was dishonest, the agreement can also be invalidated due to the fraud

Слайд 14

A Premarital Agreement Can Be Invalidated if it Was Signed Under Duress

Слайд 15

Each spouse must voluntarily enter into the premarital agreement of his or her own free will

Слайд 16

If one spouse felt forced or coerced into signing the agreement, the agreement can be invalidated

Слайд 17

Presenting the agreement with limited time to review, or with threats that the imminent marriage will be called off if not signed, can all be considered examples of duress

Слайд 18

A Premarital Agreement Can Be Invalidated if the Terms are Unconscionable

Слайд 19

If the terms of the premarital agreement are grossly one-sided and unfair, the premarital agreement can be invalidated under certain circumstances

Слайд 20

A premarital agreement is most likely to be invalidated because it is unconscionable if one party had all of the power in the drafting and signing of the agreement and the terms are skewed heavily in that person’s favor

Слайд 21

Both parties should be represented by their own attorneys in the writing of the agreement to ensure their rights are protected and the terms are fair

Слайд 22

Provisions (or the whole agreement) Can Be Invalidated If The Provisions Are Against Public Policy

Слайд 23

A court will not enforce a contract that goes against public policy

Слайд 24

For example, provisions of a premarital agreement in which one spouse waives child support are void

Слайд 25

These provisions will not be enforced because children deserve to be supported by both of their parents. One parent cannot waive this right on behalf of a child

Слайд 26

Provisions Can Be Invalidated if They Are Ridiculous and/or Difficult For the Court to Enforce

Слайд 27

The court will not enforce certain provisions of premarital agreements if doing so would be difficult or ridiculous

Слайд 28

For example, if the agreement contains clauses related to how often your in-laws are allowed to visit or as to how often you must engage in marital relations, the court is not likely to enforce these contractual provisions

Слайд 29

Agreements Can Be Invalidated if They Are Poorly Drafted

Слайд 30

If the contract does not comply with all requirements for a premarital agreement in your state, the court will not enforce it

Слайд 31

If the contract provisions are vague or poorly written and the court cannot interpret the contract accurately, the court may not enforce the unclear terms

Слайд 32

An Attorney Can Help

Слайд 33

An attorney should be consulted when drafting a premarital agreement to ensure it is enforceable

Слайд 34

If there is a dispute over whether an agreement is valid and enforceable during the divorce process, both parties should be represented by a lawyer who can help them to make arguments for their position to the court

Слайд 35

We invite you to contact us at (925) 314-2320 to schedule a consultation Click to visit: www.FamilyLawGroup.com Content provided by Best Legal Practices