On behalf of Cobert, Haber & Haber Attorneys at Law posted in Divorce on Monday, April 25, 2016.
If you are getting divorced, there are many things to consider. One important document that should not be overlooked is a prenuptial agreement. If you and your spouse have a legally binding prenup, this document will state what you do or do not get in a divorce. However, it may be possible to challenge a prenuptial agreement depending on your specific situation or circumstances. Here are four grounds upon which a prenup may be challenged.
1. You were coerced into signing or signed under duress. You cannot be forced into signing a prenuptial agreement. You also cannot be expected to sign a prenuptial agreement the day before or the day of the wedding. This creates an unduly stressful situation that may result in the prenup being declared invalid.
2. You were not adequately represented by counsel. In addition to needing time to review a prenuptial agreement, you need to be given adequate time to consult with your own attorney regarding the terms and details of the contract. If you were not, and were pressured into signing without being able to talk to a lawyer, the prenup may be invalidated.
3. The agreement was based on fraudulent information. If any of the information in the prenuptial agreement regarding assets or property were inaccurate or wrong, this may constitute fraudulent information. Contracts that contain fraudulent information cannot be legal, and your prenup may be invalid.
4. The prenup gave too much to one party. Prenuptial agreements must be considered conscionable, meaning that they cannot be too lopsided when it comes to the awarding of property and assets. If one party was given nearly everything and the other only a minor fraction of the assets, the prenup may be declared invalid.
There Are More Ways To Challenge Prenups
These are just four ways in which your prenuptial agreement may be challenged in the event that you file for divorce. It may be in your best interests to discuss your rights and options with an experienced divorce attorney before you file, to ensure you fully understand whether or not you may be held to the previously established marital contract.
