If you and your spouse used a prenuptial agreement and are now going to court to get divorced, experts do advise that you gather as much evidence as you can about the prenup itself. It may stand on its own, but this evidence can help if there are questions.
This includes keeping copies of things that were said during the drafting process. You may have voicemail messages, text messages, emails, social media messages and more.
Why do you need these? If you and your spouse disagree about anything, they can back up your claims.
For instance, perhaps you’re arguing that you signed the prenup under duress, so it should be thrown out of court. Your spouse claims that you signed it of your own free will and it should stand.
While there are things that can point to duress — a prenup signed too close to the wedding day, for instance — it’s not always obvious. However, if you have a text message from your spouse saying you have to sign the prenup or he or she is going to call off the wedding and try to get sole custody of the child the two of you have together, you may then be able to show that you were unfairly pressured into signing.
Or, perhaps you want to use the prenup but your spouse is claiming he or she never read it and signed without knowing what it said. This could get it thrown out, but you can support your case with text messages where the two of you talked about the details in advance — showing that your spouse knew what he or she was signing.
These are just two examples, but they help to show how the legal process can play out and why it’s important to be prepared when heading to court.
Source: Huffington Post, “Heading to Divorce Court With a Prenuptial Agreement,” Alton Abramowitz, accessed Oct. 09, 2017