2. The agreement was forced, signed under duress or without intellectual capacity. Ann Moder is an attorney at Feinberg Mindel Brandt & Klein, LLP. Ann is licensed in California and Illinois and benefits from an extensive process that represents individuals in all aspects of family law, including the allocation of real estate, complex financial matters, tax consequences, and pre- and post-marital agreements. www.fmbklaw.com Keep these conditions in mind, not only if you are trying to get out of a prenup that you find unfair now, but also, if you think about it, to sign one of these conditions. Whatever side of the coin – whether you`re trying to invalidate an agreement or design one that can`t be invalidated – it`s essential to consult with professionals who have the expertise to help you navigate these sometimes rough waters and plan for a secure financial future. The marriage contract laid down various provisions – which largely underlined the desire for financial independence of the parties – on the consequences of maintenance and equitable distribution if a party applied for divorce. In the event of divorce, the maintenance rules required the husband to pay the wife increasing alimony on the basis of a higher number of years of marriage. Maintenance was therefore formally justified and both parties waived the right to claim maintenance on the basis of the marital standard of living. As noted above and in the Radmacher decision, the requirements for the enforcement of an agreement drawn up in a jurisdiction relating to matrimonial property regimes differ considerably from an agreement drawn up in ordinary law regimes such as Great Britain, the United States and Hong Kong. What are the main conclusions of the case-law that would demonstrate to a Hong Kong court that a marriage agreement concluded in the United Kingdom, the United States or Hong Kong is fair both procedurally and substantively and is therefore more likely to be upheld? However, sometimes a woman who has signed such an agreement and whose husband now wishes to divorce has reasonable grounds to want to revoke the agreement. Here are five conditions under which this could happen: as with any legal contract, the applicability of a prenup can be summed up as the proverbial “t`s crossed and dotted i`s”.
Reckless errors could make a prenup less than airtight. If the original agreement was poorly formulated, it may also be invalid. Coercion or coercion can be extremely difficult to prove and, as with many aspects of divorce law, different states have different standards for what it means to have been forced to enter into an agreement. Nevertheless, it is not uncommon for a prenup to be expelled on this basis. .