Can You Break a Prenuptial Agreement in AZ?

Whether you’re married or not, if you have any valuable assets like property or investments, it’s a good idea to have a prenuptial agreement in place. This document spells out who gets what in the event of a breakup and can help avoid long and costly legal battles. But what happens if something changes after you sign the agreement? Can you still break it? In Arizona, the answer is yes. Keep reading to learn more about how and why prenuptial agreements can be terminated.

If You Or Your Spouse Lied

If you or your spouse lied about something important when you signed your prenuptial agreement, that could be grounds to break the agreement. For example, if one spouse hid significant debt from the other when they were negotiating the terms of the prenup, that could be considered fraud.

If One Spouse Was Forced To Sign The Agreement Against Their Will

A prenup is a contract between two people who are about to be married. The agreement typically outlines each person’s financial responsibilities during the marriage, and what will happen to their assets in the event of a divorce.

If one spouse was forced to sign the prenup against their will, the agreement may be nullified. In order for a prenup to be valid, both parties must voluntarily agree to the terms. If one spouse did not have the opportunity to negotiate the terms of the agreement, or if they were pressured into signing it, the agreement may not be enforceable.

If you are considering nullifying your prenuptial agreement, you should speak with an experienced family law attorney who can review your case and advise you of your options.

If The Agreement Is Unfair Or Unreasonable

If you feel that the terms of your prenup are unfair or unreasonable, you may be able to have the agreement nullified. In order to do this, you will need to prove to the court that the terms of the agreement are indeed unfair or unreasonable. This can be difficult to do, so it is important to speak with an experienced attorney who can help you gather the necessary evidence and present your case in court.

If One Spouse Did Not Have Adequate Time To Review The Agreement Before Signing It

If one spouse did not have adequate time to review the agreement before signing it, they may be able to break the prenup. In order for a prenuptial agreement to be valid, both parties must have had adequate time to read and understand the agreement. If one spouse was not given enough time to do so, they may be able to invalidate the agreement.

If The Agreement Was Not Properly Executed Or Notarized

If a prenuptial agreement was not properly executed or notarized, it may be nullified. This means that the agreement is no longer valid and cannot be enforced.

There are many reasons why a prenup might not be properly executed or notarized. For example, if one party did not have proper legal representation when the agreement was created, it may be invalid. Additionally, if the agreement was signed under duress or without a full understanding of its terms, it may also be invalid.

If It Is Unconscionable

A prenuptial agreement can be nullified, or invalidated if it is unconscionable. This means that the agreement is so unfair to one party that it should not be enforced by the court.

There are a few different ways that a prenuptial agreement can be found to be unconscionable. One way is if the agreement was signed under duress. This could happen if one party was forced to sign the agreement against their will, or if they were given no choice but to sign it.

Another way an agreement can be found to be unconscionable is if it is unfair and one-sided. This could happen if one party gave up a lot more than the other party, or if one party was not given enough time to read and understand the agreement.

If a prenuptial agreement is found to be unconscionable, it will be invalidated and the court will not enforce it. This means that the terms of the agreement will not be binding on either party.

If It Contains Illegal Provisions

If a prenuptial agreement contains any illegal provisions, it will be invalidated. This is because the courts will not enforce any agreements that are against public policy or that would result in one party being taken advantage of.

Some examples of illegal provisions that could invalidate a prenuptial agreement include:

• Child support: The amount of child support cannot be waived in a prenuptial agreement. Both parents have a legal obligation to support their children, and this cannot be waived in a contract.
• Alimony: Alimony, or spousal support, cannot be waived in a prenuptial agreement. This is because alimony is designed to help one spouse maintain their standard of living after a divorce, and it cannot be waived in a contract.
• Property division: The division of property cannot be waived in a prenuptial agreement. This is because the courts will not enforce an agreement that results in one party being left with nothing after a divorce.

If you’re considering a prenuptial agreement and are worried about whether or not it can be broken, don’t worry – there are several grounds on which a court may find that the agreement is invalid. However, each case is different and it’s best to speak with an experienced family law attorney to get specific advice for your situation. Give us a call today to discuss your questions and concerns about prenuptial agreements – we would be happy to help.

Are You Looking for a Family Law Attorney You Can Trust?

The attorneys at GillespieShields are well-versed in a variety of different legal fields, ranging from family law to civil suits, employment disputes and probate cases. Although we specialize in several areas of practice, our greatest passion is family law. We believe in giving families peace of mind no matter their situation, and we fight hard to maintain that peace. Whether you’re filing for dissolution or divorce, determining custody of your children, or thinking about adopting children, our experienced attorneys are here to help you every step of the way.  During our private, one-on-one consultation, we’ll take the necessary time to answer and and all of our questions surrounding Arizona’s family laws, your family’s unique situation, and the possible court outcomes. Contact us today for your consultation!

The materials available on this website are for informational and entertainment purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.  You should not act or refrain from acting on the basis of any content included in this site without seeking legal or other professional advice. The information presented on this website may not reflect the most current legal developments.  No action should be taken in reliance on the information contained on this website and we disclaim all liability in respect to actions taken or not taken based on any or all of the contents of this site to the fullest extent permitted by law.