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The circumstances that can lead to a prenup being challenged

On Behalf of | Jan 1, 2016 | Firm News, High Asset Divorce

Prenuptial agreements are a major part of marriage (and divorce) nowadays, even though they weren’t “back in the day.” Social stigmas about prenuptial agreements used to be very strong, and as a result, many people ignored prenuptial agreements or outright avoided them. But today, prenuptial agreements are an integral contract that soon-to-be-married people need to consider.

But there is another stigma associated with prenuptial agreements that is fairly prominent right now: impregnability. Many people may assume that once a prenuptial agreement is signed, there is almost no way to challenge the contract, or even the results of the prenup. However, this is also false. There are plenty of circumstances that can lead to someone successfully challenging a prenuptial agreements.

So what are those circumstances that can lead to a prenuptial agreement being challenged? Let’s take a look:

  • Lack of consideration or time to consider: If you were pressured into signing a prenup, or if you didn’t read or have the time to fully consider it, then the prenuptial agreement could be challenged.
  • Inaccurate information or invalid provisions: This kind of goes without saying, but we’ll say it anyway. If incorrect, false or invalid information or provisions are included in a prenup, then the contract can be challenged.
  • “Fairness”: This is a bit more difficult to fully explain, but essentially a prenup needs to be “conscionable.” What this means is that if the prenup clearly favors one spouse over the other (in the eyes of a judge), then the contract will be deemed “unconscionable” and thus would be invalidated.

Source: FindLaw, “Top 10 Reasons a Premarital Agreement May be Invalid,” Accessed Dec. 31, 2015


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