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In What Ways Can a Prenuptial Agreement be Invalid?

Without a prenuptial agreement in place, property and assets that have been acquired during a marriage are split evenly between the two spouses in Arizona in the case of a divorce. Couples in Arizona will occasionally sign a prenuptial agreement to identify which property is owned by whom before a marriage and to keep certain property as separate in a marriage.

Yet FindLaw states that even with a signed prenuptial agreement between the two parties, the contract can actually be ruled invalid in the case of a divorce for a number of reasons. This is why it's always important to consult an experienced Phoenix family law attorney when writing the agreement. In fact, prenuptial agreements are usually ruled invalid if both parties don't have independent counsel when drawing up the agreement. If one person does not have a lawyer of their own when the prenuptial agreement is written up, then the agreement cannot be enforced.

Other reasons why a prenuptial agreement can be seen as invalid is if one person was pressured into signing the agreement or if the prospective spouse was not given enough time to review the agreement before the marriage. Pressure can come from the other party, the lawyer, or the family. When drafting a prenuptial agreement, the contract cannot be based on any false information and both parties must fully disclose what assets they have. Providing information to the other spouse that is not true or not providing pertinent information when drafting the agreement can lead to a non-enforceable agreement.

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