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Photo of Professionals at Mariani Reck Lane LLC
Photo of Professionals at Mariani Reck Lane LLC

The Right Lawyer Makes a Big Difference

What You Should Know About Challenging A Prenuptial Agreement

On Behalf of | Apr 7, 2023 | Blog, Family Law |

Today, engaged couples with different socioeconomic statuses choose to use prenuptial agreements. These contracts protect you or your spouse if you ever face a divorce.

However, there are exceptions to these agreements. This is what you should know about challenging a prenuptial agreement.

Can You Challenge Your Prenup?

The short answer is, yes. Although you signed a contract that became legally binding when you got married, it may contain clauses that are not legal or overreach the legal bounds of such a contract.

What Conditions Could Invalidate Your Prenup?

Before you signed your prenuptial agreement, you should have consulted legal counsel. You needed adequate time, typically seven days, to really evaluate this decision. You had to sign the agreement willingly, not because of duress or undue influence. Both you and your spouse needed to fully disclose all your assets, including financial assets, prior to signing the agreement.

The agreement had to be procedurally legal, e.g., it needed to be in writing, notarized and witnessed. The signing also had to occur before the wedding. All its clauses need to be legal. For example, statements about future children and their custody should be absent. The agreement cannot be unfair or leave you in a financial hardship position. Sexual requirements and living conditions can also void the contract.

Why Would You Want To Challenge Your Prenup?

You may want to fight your prenuptial agreement if it has anything illegal in it or if your spouse forced you to sign it. Also, look for fraud within the document or it results in your insolvency.

A prenuptial agreement is a legal contract, and you cannot have it invalidated because you dislike the terms. You need actual legal grounds to overturn your agreement, so review it carefully.

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