I have worked with prenuptial and postnuptial agreements for over three decades and am often asked to respond to “BUT WHAT IF” questions. They ask what would happen if, and what can be done to avoid the “IF.” Here is a short list of the many “BUT WHAT IF” questions or conversations. For some of the responses, I invite you to review the Layers of Protection page of this site. For more in-depth responses, I invite you to talk with me.
- But what if…my spouse or their attorney says my spouse didn’t sign the agreement?
- But what if…my spouse or their attorney says there was no full and fair financial disclosure?
- But what if…my spouse or their attorney says the agreement was signed under duress?
- But what if…my spouse or their attorney says the agreement was torn up or terminated?
- But what if…my spouse or their attorney says that there were additional promises that are not in the agreement?
- But what if…my spouse or their attorney claims that circumstances have changed which render the agreement unenforceable?
- But what if…one or more of the provisions contained within the agreement are found to be unenforceable? How does that affect the remainder of the agreement?
- But what if…we move to another state or country with different rules and laws governing prenuptial agreements?
- But what if…my spouse or their attorney challenges the agreement in court? Does that lock me into a fully litigated divorce case?
- But what if…my spouse or their attorney challenges the agreement in court? Will I end up paying for a fully litigated divorce case? How about my spouse’s fees?
For answers, feel free to read the Layers of Protection page of this site, or feel free to talk with me.
