Even though having a conversation about a prenuptial agreement can be awkward, prenups offer married couples a variety of protections. As Business Insider notes, prenuptial agreements are becoming increasingly common, as individuals often marry later in life and have more premarital debts.
Just as a prenuptial agreement may give you some meaningful benefits, it may also leave you at an extreme disadvantage during a divorce. Therefore, if you have a prenup, you may wonder if it is possible to get out of it.
Did you enter into the agreement voluntarily?
While prenuptial agreements typically enjoy broad deference in Minnesota courts, they are not indestructible. For your agreement to be legally valid, you must have entered into it voluntarily. This means you were free from coercion and duress when you signed your prenup.
Did you have all the relevant facts?
Another requirement for valid prenuptial agreements is the full disclosure of material facts. That is, both you and your spouse must have put all your cards on the table. If your husband or wife failed to tell you about something that matters, you may be able to destroy the prenup.
Did you have your own attorney?
If one attorney helped you and your husband draft your prenuptial agreement, you may have a legitimate conflict-of-interest argument. After all, in the Gopher State, one attorney cannot represent both parties when negotiating or drafting a prenuptial agreement.
While there are other ways to attack the validity of a prenuptial agreement, these are some common ones. Ultimately, if your prenuptial agreement is not favorable to you, it is advisable to explore all possible options for breaking it during your divorce.