If you and your spouse have decided that a prenuptial agreement is right for you, you may feel peace of mind when you file for divorce years after your marriage. However, after reviewing the document, you may realize that the terms and conditions previously agreed upon are unfair or that the document is missing important elements to ensure that it is legally binding. As such, you may wonder if it’s possible to challenge a prenuptial agreement in court. If this reflects your circumstances, you’ll want to keep reading, as the following blog explores what you should know about this process, including the importance of discussing your circumstances with Morris County prenuptial agreement lawyers to help you explore your legal options.
What Is a Prenup?
A prenuptial agreement is a document created by a couple before they are married that details how they will divide their assets in the event of a divorce. While many individuals who have high net worths create prenups, these documents can benefit everyone. The primary purpose is to outline how investments, marital property, debt, and shared assets will be divided. In addition, this can help ensure that any spouse who owns a business prior to the marriage protects the company from a divorce, as well as helping protect children from a prior marriage.
Unfortunately, there is a stigma surrounding prenups in which many believe that creating a document regarding divorce before a couple is married is a sign that a marriage is doomed to fail. However, this is far from the truth, as you’ll find that these hard or uncomfortable conversations are a sign of a couple who wants to ensure they are on the same page regarding their finances. In addition, it can help ensure that each party feels as though they have additional protection before entering into a marriage.
Under What Circumstances Can I Challenge a Prenuptial Agreement?
Unfortunately, if you and your spouse created your own prenuptial agreement without the help of an experienced attorney before your marriage, upon review, you may find that the terms and conditions of the agreement are unfair. While prenuptial agreements are generally legally binding, there are circumstances in which you may find that the document can be challenged.
Generally, if you discover that you were the victim of fraud, meaning your spouse lied about certain terms and conditions of the agreement or withheld certain assets to receive a more favorable outcome during the divorce, this can constitute the revocation of the document. Similarly, if you were not given sufficient time to sign the document, such as only seeing it on your wedding day, or you were under duress at the time of signing, you’ll find that the court can deem the agreement unenforceable.
Finally, if the terms of the agreement are grossly unfair, meaning they favor one spouse heavily over the other, the court may be unable to enforce the document, especially if the terms would leave one spouse at a disadvantage.
As you can see, there are a number of important considerations that must be taken into account if you wish to challenge your prenuptial agreement. That is why working with an experienced family law attorney at Leslie Law Firm, LLC, is in your best interest. We understand how complicated these matters can be to navigate, which is why we will do everything in our power to help you fight for the best possible outcome. Contact us today to learn how we can assist you.
