When an Oregon couple decides to get married, there are certain factors that might warrant a prenuptial agreement. This is also referred to as a premarital agreement. It is designed to provide protections if the marriage ends in divorce. Many might function under the belief that these documents are only used by people with significant assets. However, anyone can get a prenup. It can be used to protect a business, avoid disputes over property, detail how assets will be shielded and more. For concerns, it is wise to have legal advice.
When a premarital agreement might not be enforceable
A common issue that arises when a couple decides to divorce is whether the prenup is enforceable. There are specific points that must be proven for the document to be nullified. If a person did not voluntarily agree to the terms of the document, then it can be unenforceable. For example, if a person was told the wedding would not take place without signing, this could be deemed as an involuntary act.
The details will also be scrutinized to determine whether it is unconscionable, meaning it is unfair. A prenup that is labeled as unconscionable could stem from the person who signed not being given full disclosure of the other person’s financial circumstances; the rights to full disclosure not having been waived; and they did not or could not have a full grasp of those obligations.
Spousal support is a common cause for dispute in a prenup. Some might insert a provision that modifies or terminates spousal support in the event of a divorce. If the lack of support results in the person needing to have public or medical assistance, the court might order that support be paid to avoid that necessity no matter what the prenup said. The court will decide if the agreement was unfair and act accordingly based on the law.
Legal representation may be essential with any family law case
Disagreements over prenuptial agreements are frequently viewed from the perspective of the person who entered the marriage with less property and assets, but the person who had the bulk of the assets could also need assistance with the agreement and its tenets. Regardless, those who are getting a divorce and had a prenup should be cognizant of the law if the validity is called into question. Consulting with an experienced firm for this and other aspects of family law may be able to help.