In the article How Do I Enforce A Prenuptial Agreement in Michigan? We have discussed the many factors that help parties enforce a prenuptial agreement.
To quote, we said about a prenuptial agreement that:
It must be free from any kind of activity that normally invalidates a contract such as the following:
The prenuptial agreement must show that it is free from any kind of act that could invalidate its existence. The following are the instances that are often cited when one wants to invalidate an already existing prenuptial agreement.
- Lack of Consent
- Mental Incapacity
- Undue Influence
When is there fraud in a prenuptial agreement?
There is fraud in a prenuptial agreement when the parties or one of the parties were made to believe that certain provisions mean one thing when they mean the other.
There is also fraud when one of the parties in the prenuptial agreement failed to disclose all of his or her assets in the prenuptial agreement at the time that it was created.
If you are about to get married to the love of your life, there is no reason for you to hide any assets and look at your partner and tell any lies. You will not lie or hide any fact that could affect the decision of your partner in signing the agreement.
How can there be a lack of consent when both parties signed the prenuptial agreement?
There is a lack of consent in a prenuptial agreement when it is coerced. This is related to the circumstance where one of the parties had undue influence over the other. The perfect example would be when one of the parties is pregnant and the promise of marriage was given if that party would just sign the prenuptial agreement while another example would be when one of the parties was forced to sign the prenup in Michigan with the promise that it is for their good.
Lack of consent is not easy to prove.
When is there mental incapacity?
There is mental incapacity when one of the parties involved is not in a sane interval and of sound mind when they signed the prenuptial agreement.
What are the circumstances that could lead to the factor of undue influence in a prenuptial agreement?
There is an undue influence in a prenuptial agreement when one of the parties were either drunk, drugged, or forced to sign the prenuptial agreement.
The most common example used here is when one of the parties was pregnant and promised marriage in exchange for the prenuptial agreement.
Are these limited factors that affect the enforceability of a prenuptial agreement?
No, many factors affect the enforceability of a prenuptial agreement. The factors raised in this article are all factors that are general.
If you have a specific reason why you need a prenuptial agreement, we can help you set it up. All you need to do is schedule your consultation with us.
Haque Legal is Here To Help
We have been around. We have handled hundreds of cases on family law, custody battles, and parenting. We can help you fight for your rights and work your way around getting that parenting time that you deserve. Haque Legal is here. You can find that the best kind of experience for you is to hire our law firm.
Here at Haque Legal, we always have your back. Make sure that on your first free consultation we tell you everything that you need to know about your divorce or custody case as well as the cost and the expenses that would be associated with it.
The consultation is free for the first time because we understand that you need to at least have that guidance coming from a reputable law firm and lawyer to assess your case. If you have concerns about your divorce or custody case and you need a lawyer to handle it you can always contact our law firm and we can talk about your situation and the best way that we can handle it, especially in terms of the expenses.
Let Haque Legal Help You With Your Case
If you require a lawyer who can assist you with ensuring that you protect your rights, it is important to know that you also have a team that can help you out with your specific needs.
Our law firm is dedicated to making sure that those who are innocent will be protected by the law and that the full extent of justice will be used.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out
If you need a Southfield family lawyer to help you during your proceedings, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.