Validity of Pre-Nuptial and Post-Nuptial Agreements

When parties enter into pre-nuptial agreements or post-nuptial agreements there may be issues of interpretation and/or validity. There are certain evidentiary presumptions that apply to these agreements. These presumptions are rebuttable and can be overcome with sufficient evidence. If the parties do not agree as to the validity of an agreement, the divorce court will determine the issue. Family law trials on these issues can be extensive and can involve issues including unconscionably, the nature of the relationship between the parties when the agreement was executed,  undue influence, voluntariness, lack of accurate disclosures, compliance with code requirements, and issues of contractual interpretation.

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