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Legal Forums » Prenuptial Agreements Discussion Forum » What is prenuptial & Can a prenuptial agreement be set aside?
Started Nov 29 2012, 08:06
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Nov 29 2012, 08:06
What is prenuptial & Can a prenuptial agreement be set aside?
Financial agreements, more colloquially known as “prenuptial agreements”, might seem like the exclusive domain of the rich and famous. However, since 2000 when the Family Law Act (the FLA) allowed for the creation of prenuptial agreements,
A prenuptial agreement can be set aside, or terminated if the court is satisfied that:
• the agreement was obtained by fraud, such as the non-disclosure of a material matter
• the agreement is void, voidable or unenforceable
• a change in circumstance has occurred in the relationship which would make the agreement, or part of the agreement, impractical.
Please, keep in mind that any request to set aside a prenuptial agreement must be made to the court, and if the financial agreement was properly executed meeting the requirements of the FLA, it might be difficult, as well as expensive to set aside a prenuptial agreement.
Ali
Contract ID#12357250
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