Some couples create an agreement as to how their assets will be divided if the marriage doesn't last.At least one person wishes they could break the prenup when they divorce.There are some reasons that a prenuptial agreement could be deemed invalid.
Step 1: Consider hiring an attorney.
If you want to challenge a prenuptial agreement in court, you need an attorney.The law relating to prenuptial agreements varies by state, so an experienced divorce lawyer knows the details.Setting aside the prenup can be accomplished with the help of an experienced attorney.If your state bar association has a referral program, you can find an experienced family law attorney.Free consultations are offered by many family law attorneys.Ask if a free consultation is possible.You can get a sense of how strong your case is by meeting with a lawyer.
Step 2: Check to make sure the agreement was executed correctly.
Depending on state, a prenuptial agreement has to be executed in a specific way.It needs to be in writing.The prenuptial agreement should be signed.You can have it invalidated if it isn't signed.Check to see if the agreement was witnessed.Laws in your state may require a prenup to be witnessed.Georgia requires that every prenuptial agreement be attested by two witnesses.
Step 3: The prenuptial agreement should be read.
You want to look for anything that is false or one-sided.Prenuptial agreements can be thrown out because of incomplete information.All of your spouse's assets were disclosed in the premarital agreement.You may be able to get the prenup thrown out if they hid something.False information.Your spouse may have lied.The agreement may be broken if it contains false information.There are invalid provisions.A common provision in prenuptial agreements is that one spouse will not have to pay child support in the event of divorce.It is both repugnant and legally invalid.A parent's child support obligations are not negotiable.There are provisions that are slanted.If the parties were interested in fairness, there would be no agreement in the first place.It could be unconscionable to give almost all of the property to one spouse.
Step 4: Remember what happened when you signed it.
If the circumstances surrounding your signing the prenup were unfair, you may be able to get a court to toss it.Did I have my own attorney?Each party has its own attorney in some states.The failure to get an attorney for yourself could be proof that you were coerced into signing the agreement.I don't know if I had time to consider the prenuptial agreement before signing.If your consent is valid, you need to have had time to consider the prenuptial agreement.The less time you have to think about it, the less likely it is to be valid.I don't know if I was pressured into signing.If the agreement is signed under pressure, it will be set aside.Signing a prenup involves a lot of coercion, so it is necessary to set the agreement aside.I don't know if I read the prenuptial agreement before signing.Courts will consider this factor.If you couldn't read it for a reason, you may have a stronger case for setting the agreement aside.
Step 5: It's a good idea to do aholistic assessment.
There is no one situation that will cause a court to set it aside.All of the factors will be looked at by the court.Multiple factors in combination increase the strength of your case.You may not be able to break the agreement if it was sprung on you an hour before the wedding.Your spouse's rudeness isn't enough to set aside a premarital agreement.If this factor was combined with other factors, then the court could break the premarital agreement.
Step 6: Understand what happened.
In a divorce proceeding, the parties may request information from each other.The purpose of discovery is to uncover information that supports your case, as well as to understand what a witness knows or doesn't know.Requests for production are some of the methods that can be summarized.You can ask for documents related to the divorce, marriage, property, and incomes.You can request a wide range of documents.If the document relates to the divorce, then you can request it.There are interrogatories and requests for admission.You can ask the other party questions.You can ask broad or narrow questions with Interrogatories.You can ask the other party to admit or deny facts with Requests for Admission.If the other party fails to respond in time, the fact can be admitted in court.There are deposits.A person gives a sworn statement in front of a court reporter.A deposition is supposed to uncover information.Interrogatories are usually better because you can follow up on an answer and respond in real-time.
Step 7: You should read your state's discovery statutes.
There are different rules regarding discovery in each state.The discovery rules for your state should be explained in the state statute.Rules regarding how much notice you must give before requesting a deposition or documents should be paid attention to.The statute in Wisconsin only allows 30 days to respond to Interrogatories.You can find your state's statute by entering "your state" and "discovery" into your browser.State Supreme Courts may have adopted discovery rules in place of a statute.You can find them by doing the same internet search.
Step 8: Think about what you want to know.
You should use discovery to get information that supports your argument that the prenuptial agreement should be set aside.If you think your spouse is hiding assets, you want to request information about them.Information about stock certificates and bonds account statements, including savings and checking accounts, as well as brokerage and investment accounts subscription and royalty agreements can be found in the W-2 forms.
Step 9: Make a list of witnesses.
Other sources of evidence include witnesses.If your spouse intimidates you into signing the prenuptial agreement, then you would want that person to testify for you.Who was there when I talked about a premarital agreement with my spouse?Did anyone watch the signing of the document?Is it possible that they could testify to my state of mind?Who has my spouse's financial information?
Step 10: Take a moment and write down your memories.
You are an important source of evidence.You can testify about what you saw.Write down everything you remember to preserve your memories.Pay attention to the factors that a court looks at: whether you were coerced, if you had independent legal counsel, etc.Search for letters, emails, or other forms of communication between you and your spouse during the time you were considering a prenuptial agreement.Preserve anything that looks relevant, such as statements about how much assets your spouse has claims that their spouse will rip up the prenuptial agreement after you have children or after the passage of several years threats or promises.
Step 11: The rules of evidence can be read.
Prepare for your hearing early.The first thing you can do is find and read your state's rules of evidence.The rules of evidence will tell you what the court allows and what it doesn't.There are complicatediary rules.The rule against hearsay is one of the most common.Hearsay is an out-of-court statement.A witness testified that his wife was happy to sign the agreement.The statement that the wife is happy is offered for its truth, even though the statement was made out of court.
Step 12: There is a motion to set aside the prenuptial agreement.
You have to file a motion to set aside the premarital agreement.You can raise the invalidity of the prenuptial agreement in your answer if you haven't already answered the divorce petition.If you hire an attorney, he will handle the drafting and filing of the motion.The divorce packet you receive may include a blank motion form.You can title the motion "Motion to Set Aside the Prenuptial Agreement" and explain why you think the agreement is invalid.
Step 13: The motion needs to be filed.
You have to file the motion in court the same way you did the petition for divorce.Take the original motion to the court clerk.The clerk should stamp every copy of the motion.It is possible that you will have to pay a filing fee.The fee can vary by court.You can ask for a fee waiver if you can't afford it.Fee waivers are included in your packet of forms.
Step 14: There is a hearing date.
Depending on the court, the procedure for getting a hearing date will be different.After you have filed your motion, the date will be mailed to everyone.When you file a motion in other courts, you have to pick a date.If you have to pick up a date from the clerk, you will need to send a Notice of Hearing to the other party.There should be a form for the court clerk.The clerk should have a blank Notice of Motion form if one is not included in your packet of forms.Make copies by filling it out.The other party has a Notice of Hearing.You should also keep a copy for yourself.
Step 15: It's time to serve notice.
You have to give notice of your motion to the other party.Ask the court clerk how to do it.You should be able to use the same method when you file your divorce petition.
Step 16: There are witnesses.
If you want to call witnesses at the hearing, you need to make sure they know when it's happening.You need to serve them with a subpoena.It is necessary to serve the subpoena on witnesses.The court clerk can give you a list of acceptable methods of service.Some states will allow you to serve the subpoena on your own.You may have to serve a copy of the subpoena on your spouse in order for him or her to know who you are calling to court.You should be prepared to pay for a private process server.Sheriffs typically cost a little less than process server.
Step 17: It is appropriate to dress appropriately.
If you appear before a judge, you want to be presentable.Attorneys have different ideas on what to wear.If possible, some lawyers recommend clients wear business suits.An expensive-looking wardrobe suggests you don't need any money, according to other attorneys.It is acceptable for men to wear slacks with a nice shirt.If you want, you can add a sports coat and tie.A nice blouse and slacks are appropriate for women.Button the blouse all the way up.If you have tattoos, cover them.Keep facial hair clean.
Step 18: Arrive early.
If you are unfamiliar with the courthouse, try to arrive a half hour early and give yourself enough time to find parking.Leave your cell-phone in your pocket or purse when you enter the courtroom.Food and drinks should be left outside the courtroom.Before walking into the courthouse, you should consume all of your morning coffee.
Step 19: Give evidence.
You will testify in the court.The lawyer will call you to the stand and ask you questions if you are represented by them.If you are representing yourself, you can give your testimony to the judge.Hit the points you want to make.Look at the factors a court considers when determining if a prenup is unfair.You should be careful with your language.Instead of saying, "My husband was a liar, he never told me about the stock he owned," say "The prenuptial agreement omitted any mention of his stock, which was worth $1 million dollars."
Step 20: Answer questions.
The other side can ask you questions.You need to tell the truth.You should always listen to the question.If the statement is not accurate, you should not agree to it.There are questions that contain false information.If you never met with a lawyer, you should tell them if they asked, "Did you notice anything wrong with the prenuptial agreement?"I never met with a lawyer.One day before the wedding, the prenup was thrown in my face, and I only glanced at it.If you feel the lawyer is badgering you, try not to get angry.Answer the question briefly.Do not volunteer any information.Say so if you're not sure of the answer.
Step 21: Do you want to question witnesses?
Your attorney will ask questions of witnesses to draw out helpful information.If you are representing yourself, you need to make sure that your witnesses have personal knowledge of the events they are testifying to.You can't have a witness testify about what someone else said.In order to establish that the witnesses have personal knowledge, they should ask specific questions about where they were on a given day.It is possible to lay a foundation for the testimony.Do not ask your witnesses questions.There is an answer in a leading question.A leading question is, "You were my bridesmaid when I got married, correct?"Instead ask, "Did you attend Mary Smith's wedding?" and "In what capacity?"You can only ask questions about the issues brought out on direct examination.
Step 22: Write the order.
The order form is usually written by the party that prevails at the hearing.The judge will sign the order.You must include the date, what motion the order relates to, and the contents of the judge's order.A blank order form is what the court clerk should have.It is possible that one was included in your divorce packet.