We have talked about the prenuptial agreement before, and how important this document is to both divorce and marriage. There are a lot of things to consider when it comes to that prenuptial agreement, and, once complete, that contract can dictate how a divorce proceeds. However, this has led to the perception that prenuptial agreements are ironclad and that they cannot be challenged or appealed. And this simply isn’t true.
Prenuptial agreements can be challenged, and there are plenty of circumstances that can lead to an appeal. Here are just a few of these circumstances:
- The contract must be in written form, otherwise it is not valid. In addition, that written form must be appropriately done, otherwise the prenup could be challenged.
- Pressure plays a big role in challenging a prenup. If you were pressured by your spouse to sign, or if you weren’t given enough time to consider the prenup, or even if you didn’t read the document — then you could challenge the prenup.
- The information contained in the document is important. For example, if one of the spouses provided false information, then the prenup could be challenged. The contract can also be appealed if there were invalid or improper provisions in it.
- The circumstances of crafting the prenuptial agreement are also important. More specifically, what this means is that if the document was crafted in such a way that is so unfair to one party, that party could challenge the prenuptial agreement on the grounds of unconscionability.
Source: FindLaw, “Top 10 Reasons a Premarital Agreement May be Invalid,” Accessed June 5, 2015