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Can a prenup be thrown out of court?
Before you and your spouse got married, both of you signed a prenuptial agreement. You have now started thinking about getting a divorce, and you are counting on using that prenup. It is going to help you divide assets, and it may protect certain assets so that you do not have to divide them with your spouse – such as your retirement savings or ownership of a small business.
But one thing to remember is that there are cases in which a prenup will be thrown out of court. Do not assume that it is going to stand just because you and your spouse signed it. If the court determines that it is invalid, they can throw it out and you lose those protections.
Why would this happen?
There are many different reasons why a prenup could be invalid. Some common examples include:
- Your spouse was under the influence when they signed it.
- You asked them to sign too close to the wedding day.
- They did not have time to read the prenup and consider the terms.
- You included fraudulent information, such as lying about your assets.
- Your spouse was tricked, manipulated or forced to sign the prenup under duress.
- The prenuptial agreement is drastically unfair in your favor.
Even if you believe that your prenup is going to be valid, it is still important to consider these factors so that you know exactly where you stand. As you and your spouse move closer to a divorce, look into all of your legal options and the steps you’ll need to take.
CONTACT: Aislynn Thomas-McDonald
PHONE: (305) 503-0850
EMAIL: athomasmcdonald@kelleykronenberg.com
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Aislynn Thomas-McDonald serves as Partner and Business Unit Leader at Kelley Kronenberg, where she focuses on family law and probate matters. Her comprehensive practice encompasses divorce, paternity, timesharing, child support matters, adoption, collaborative divorce, wills and trusts, guardianship, and elder law. Prior to joining Kelley Kronenberg, Aislynn established herself as a respected family law practitioner, earning an AV® Preeminent™ Peer Review Rating by Martindale-Hubbell®.
Aislynn strives to provide concierge support to her clients through understanding their objectives and goals, advising them honestly about the best course of action. She works to resolve issues without proceeding to litigation and then will advocate zealously when a case does move in that direction. Her commitment extends beyond legal practice through extensive community involvement and advocacy for domestic violence awareness, children's legal advocacy, and women's rights.
- Divorce and legal separation
- Child custody and timesharing
- Child support and alimony
- Prenuptial and postnuptial agreements
- Adoption
- Collaborative divorce
- Domestic violence protection
- Paternity matters
By joining Kelley Kronenberg, Attorneys at Law, in 2025, Aislynn is able to continue offering concierge legal service with the resources of a full-service large law firm. This combination provides clients with personalized attention backed by comprehensive legal resources and support.
Aislynn is dedicated to providing top-quality legal services to residents throughout South Florida and the Florida Keys. Her practice is based in Miami and serves clients throughout the region with both local expertise and broader legal resources.
To schedule a consultation with Aislynn Thomas-McDonald at Kelley Kronenberg, contact their Miami office. During your initial consultation, she will evaluate your specific situation, explain your legal options, and develop a strategy tailored to your unique circumstances and goals.
Throughout every case, Aislynn demonstrates sensitivity to both the emotional and legal challenges her clients are facing and works to reach terms that are agreeable to all parties. Your first meeting will focus on understanding your situation, discussing your objectives, and outlining potential paths forward with honest, practical advice.
Yes, Aislynn Thomas-McDonald is experienced in collaborative divorce, which offers couples a way to resolve their differences outside of traditional litigation. This approach focuses on cooperation, open communication, and finding mutually beneficial solutions while minimizing emotional and financial costs.
As a full-service law firm, Kelley Kronenberg provides access to specialists across multiple practice areas when family law cases involve complex financial matters, business valuations, tax implications, or other specialized legal issues that may arise during divorce or estate planning proceedings.
