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Prenups can be challenged and invalidated

On behalf of Martin Feldman of Fischer & Feldman, P.A. posted in High Asset Divorce on Monday, February 20, 2017.

In our last post, we talked about prenuptial agreements and digital property. Prenups can play an integral role in a couple’s marriage, especially if they have considerable assets at their disposal. But despite the reputation of prenuptial agreements as ironclad contracts (in a legal sense), there are legitimate reasons for someone to legally challenge a prenuptial agreement. And a court may uphold their argument, thus invalidating part or all of the prenuptial agreement.

So what are the conditions that can cause a court to invalidate a prenuptial agreement? Here are a few to consider:

  • There is a general concept called “unconscionability” that can lead to the invalidation of a prenup. Basically what this means is that if the prenuptial agreement is unfair and favors one side, then a judge may deem part or all of the prenup unconscionable and thus not enforce the parts in question.
  • Time and consideration are two big factors in a prenuptial agreement’s legitimacy. Did you have enough time to consider the prenup before you walked down the aisle? Were you able to fully consider and comprehend the effects of signing the prenup? Were you forced to sign the document? Depending on the answers to these questions, your prenup may be invalidated.
  • The information in the prenup also matters greatly. If there is false or incomplete information in the prenuptial agreement, or the document is forged or altered after it is signed, then it can be invalidated by a judge.
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Source:

FindLaw, “Top 10 Reasons a Premarital Agreement May be Invalid,” Accessed Dec. 12, 2016

Tags: High Asset Divorce

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