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Can you challenge a prenup?

| Aug 17, 2017 | divorce |

Prenuptial agreements can allow couples to address a lot of critical issues in their marriage. But it can’t cover everything. Additionally, it isn’t immune to legal challenges. This was an early myth about prenups — that they were ironclad and could never be overturned or changed once signed. However, that is far from the truth.

Prenuptial agreements can be successfully challenged. But what circumstances are necessary in order for these legal challenges to succeed? Let’s review some of the common factors:

  • Prenuptial agreements carry such importance in marriages that it is essential that both spouses take the time to fully consider the contract. If you don’t get the time needed to consider the contract, then you could challenge the validity of the prenup.
  • Along the same lines, if you are pressured into signing a prenuptial agreement, or if you never read the prenup before signing, then a legal challenge of the prenuptial agreement could be successful.
  • The information contained within the prenup is obviously very important and must be compliant with the law. So if false information was provided or provisions were included that are illegal or invalid, then you could successfully challenge the prenup.
  • Ultimately, the prenuptial agreement must be fair to a certain degree. This is considered a conscionable contract. If a prenup is so imbalanced that upon review by a judge he or she deems it “unconscionable,” then parts or all of the prenup may be thrown out.

Source: FindLaw, “Top 10 Reasons a Premarital Agreement May be Invalid,” Accessed Aug. 17, 2017