For Kentucky residents of varying levels of wealth, prenuptial agreements provide a way to make important decisions about money and other relationship priorities before couples legally bind their unions. A recent post on this blog discussed some of the major benefits couples experience when they execute prenups. However, not all prenuptial agreements are created equally and in some cases prenups designate inequitable power between the future spouses.
For example, there are instances when prenuptial agreements are made under one signors' duress. Individuals can be coerced into signing prenups that they do not agree with but feel they must enter in order to please their future partners. Duress can be a reason to have a prenuptial agreement invalidated.
There are other ways that prenups can be terminated. Incapacity can also serve as a rationale for having a prenuptial agreement thrown out. If one party to a prenup was not of sound mind or not capable of sufficiently weighing the terms of an agreement at the time of signing, he may later petition to have the document nullified.
A third way of having a prenuptial agreement annulled is through proving a lack of disclosure at the time of making the agreement. Couples making prenups are bound to disclose their assets and liabilities so that the signors fully understand the financial pictures of their co-signors. Some people try to hide wealth during prenup negotiations and for this reason provide incomplete information to their future spouses.
Though prenups are great tools to have when divorces occur, they can be difficult documents to overcome when duress, incapacity and disclosure problems plague their inceptions. A prenuptial agreement is a binding contract that cannot be discarded at the whim of the parties. Attorney Louis P. Winner understands the challenges many Kentucky residents face when trying to invalidate their prenuptial agreements and can help them find solutions to their prenup problems.