Getting a prenuptial agreement before marriage can mean clarity and protection for both parties. However, there are times when one might feel pressured into signing such an agreement.
Recognizing the signs can be important, especially if divorce proceedings begin.
1. Feeling rushed to sign
One clear sign of pressure is feeling rushed to sign the agreement. If one spouse-to-be presented the idea of the prenup shortly before the wedding, there might not have been enough time for the other person to fully understand its implications. A lack of time to review and consider the document can indicate undue pressure.
2. Lack of independent consideration
If the prenuptial agreement was not given sufficient independent consideration, this could be another sign of pressure. For example, if one of the parties discouraged the other from seeking advice or conducting a thorough review, this could indicate a decision to sign that was not free and voluntary.
3. Emotional distress or threats
Emotional distress or threats during the signing process can also signal pressure. This includes any form of coercion, manipulation or threats that might have influenced the decision to sign.
4. Imbalanced negotiations
An imbalance in negotiations is another red flag. If one party had significantly more power or influence during the creation of the prenup, it could mean that the agreement was not fair or mutual. This imbalance can arise from financial disparity, control over wedding plans or other factors that could skew the agreement in favor of one party.
5. Substance influence
Signing a prenuptial agreement while under the influence of alcohol or drugs is a serious sign of pressure. It shows that one spouse may have signed without a clear and sound mind.
Benefits in divorce proceedings
Recognizing these signs of pressure can be very helpful during a divorce since it may be possible to challenge the validity of the document. This could lead to a more equitable distribution of assets and a fairer outcome in the divorce settlement.
Understanding these signs can empower individuals to take appropriate actions. A fair resolution is possible, even years after two parties signed the agreement.