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Prenuptial agreements, if drawn up and executed correctly, are legally binding and are usually upheld in court.
Spousal abuse or cheating does not void or invalidate a prenuptial or partition agreement unless the agreement specifically states that. Most prenuptial or partition agreements do not mention abuse or cheating.
The most common grounds to dissolve a prenuptial agreement include coercion or duress, unconscionability, and failure to disclose. The courts will generally enforce prenuptial agreements; however, when one or more of these grounds exist, the court may see fit to void all or parts of a prenup.
The signing party must have full knowledge of the other spouses property, assets and debts. If it is alleged that the party hid assets from the signing spouse at the time that the prenuptial agreement was created, or that the contract contains falsified financial information, this will void the agreement.
An infidelity clause (also called a no-cheating clause) is a popular lifestyle clause that covers extramarital affairs. If the spouse cheats, then they can be ordered to pay a financial penalty if the marriage falls apart. You see these occasionally in celebrities prenups.
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Generally, the answer is that there is no expiration date. Youll need to show the prenup is invalid for reasons other than the length of the marriage. Youll need an experienced family lawyer who aggressively fights to protect your marital property interests and fights for alimony, child custody, and child support.
Amending or Releasing Your Prenuptial Agreement If you and your spouse decide that you no longer want your prenuptial agreement, you can cancel it by using a Release of Marital Agreement. You and your spouse must both sign the document and it must be docHubd by a public notary for the cancellation to be valid.
Failing to disclose information, such as major assets can result in the agreement being overturned. You cannot also provide fraudulent information or make false promises. An individual who signed a prenuptial agreement under duress or coercion has legal grounds to ask for the court to invalidate the agreement.
The signing party must have full knowledge of the other spouses property, assets and debts. If it is alleged that the party hid assets from the signing spouse at the time that the prenuptial agreement was created, or that the contract contains falsified financial information, this will void the agreement.
If the court examines a prenup and determines that the document itself seems suspect, or one of the parties presents evidence that the prenup was signed under threat or coercion, the court will deem it invalid. Additionally, both parties must have at least seven days to consider the terms of the prenup before signing.

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