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Is your prenup invalid?

Before you wed in Viginia, you may have entered into a prenup agreement and assumed that your rights and assets would be protected if your marriage ended in divorce. Many people are surprised to find that their premarital agreement may not be as sound as they believed it to be. We at Jeffrey A. Vogelman and Associates can not only assist you as you establish a prenup before you are married, we can also help you determine if your existing agreement is valid.

According to Findlaw, there are several reasons why your prenup could be considered invalid in the eyes of the court. If either of you did not fully disclose all of your liabilities, assets or income, your agreement may be void. 

You must have also had the document properly executed in order for it uphold in court. It must have been signed before you were married and you both must have had an adequate amount of time to review it. Agreements must also be written out; any verbal commitments may not be valid.

There are other reasons that may be harder to prove, but can still cause your prenup to be considered void. One is that you felt pressured to sign the agreement. This influence could have come from your future spouse or his or her family or lawyer, but any type of coercion can counteract the document's effectiveness. You must also each have had your own attorney and the provisions stated cannot be considered unfair. This information is intended for your education and should not be taken as legal advice.

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Jeffrey A. Vogelman and Associates
124 South Royal Street
Alexandria, VA 22314

Phone: 703-650-0367
Fax: 703-836-3549
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Toll Free: 703-650-0367 | Fax: 703-836-3549

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