Prenuptial agreements are a great way to safeguard assets when a marriage is being entered into between two people with a significant disparity in wealth. A well-crafted prenuptial agreement can cover certain issues that may arise in the event of divorce, such as:
- Caps on future alimony/spousal support payments
- Property division
- Protection of inheritance
- Irrevocable trusts
- Protection of premarital property
- Existing life insurance policies
When drafted by a highly skilled and experienced family law attorney, most prenuptial agreements will be enforceable in the event of divorce. However, there are certain circumstances which may result in the court determining that a prenuptial agreement should not be upheld. These include:
- Lack of legal counsel for both parties or ineffective legal counsel
- Failure to sign the document
- Provisions which are deemed unconscionable
- False or incomplete financial information
- Signing the agreement under coercion or duress
- A finding by the Court that at the time of the divorce that the alimony/spousal support provisions are inequitable
If you believe your prenuptial agreement was impacted by one of the above-mentioned conditions, you may be able to break all or a part of the agreement. John Heilbrun has been handling these complex cases for more than 30 years. He will carefully analyze every aspect of your prenuptial agreement, and he will devise the best strategy to help you void the entire document if possible or have certain unconscionable provisions deemed unenforceable.
Please contact the Law Offices of John Heilbrun today to schedule your initial divorce consultation. Mr. Heilbrun serves clients in Hyde Park, Ohio.