Here are some grounds for challenging a prenuptial agreement

| Oct 18, 2015 | Prenuptial and Post-Nuptial Agreements

One of many preconceived notions that people may have about prenuptial agreements is that they are contracts that simply can’t be challenged. If you let the ink dry on the contract, then that’s it — you’re locked into this contract without any means of recourse.

However, there are some perfectly legitimate ways for people to mount a legal challenge to a prenuptial agreement that they are attached to. So what are the circumstances in which you can appeal your prenup? Here are a few of the most common ways to take on the supposedly “impregnable” prenuptial agreement:

  • The prenup was not in a written form, or it was otherwise improper. For example, if one of the spouses failed to sign the document, then it is invalid. If there are provisions included in the contract that are forbidden (such as anything pertaining to child custody or support), then it may be deemed invalid.
  • Two other key factors are time and consideration. If you are pressured into signing the document without having time to consider it, then the prenup could be deemed invalid.
  • If there was information included that is either false or incomplete in nature, then the prenup can be deemed invalid.
  • If no independent counsel was brought to the table for the prenuptial agreement then, yep, you guessed it — the contract can be deemed invalid.
  • Last but not least, if the contract is deemed “unconscionable” by a judge — which means that the prenup is so grossly in favor of one spouse — then it can be deemed invalid.

Source: FindLaw, “Top 10 Reasons a Premarital Agreement May be Invalid,” Accessed Oct. 16, 2015