In most circumstances, a prenuptial agreement allows two parties to clarify matters of property and inheritance at the outset of a marriage, protecting each in the event of a divorce.
There are instances where a pre-nup can’t be enforced in a Rochester court, though, and it isn’t unheard of for a court to rule that a prenuptial agreement is unenforceable.
Pre-nups are meant to reflect reality at the time of the signing, with a view forward.
If there is evidence that one or both spouses failed to fully disclose their assets, the agreement may be considered fraudulent, and therefore unenforceable.
Similarly, if there is evidence of coercion, or if one spouse had inadequate (or no) legal counsel at the time of signing, the agreement is invalid.
In some cases, agreements simply reflect one party’s interests, with no focus on the other, or punitive measures written in that don’t apply equally.
In this case, the court may view the agreement as unconscionable, and reject it outright.
The attorneys at Friedman & Ranzenhofer understand that pre-nups can make or break a fair divorce settlement.
We work to protect our clients in every way. Call 585-484-7432 today for a legal consultation.