Continuing the prenuptial agreement discussion, Pt. 2
In the last month, we have focused on prenuptial agreements and how they can impact a divorce. We want to finish that discussion today with a look at the provisions that can lead to a legal challenge against a prenuptial agreement leading to the contract being invalidated. This is a very important topic because many people may be under the impression that a prenuptial agreement can never be invalidated, or that the contract it is nearly impenetrable from a legal standpoint.
To the contrary, prenups can be challenged and they can be partially or wholly invalidated because of the provisions they contain. So what information or circumstances can lead to a successful challenge of a prenup? Consider the following:
- Time and consideration are two important factors with a prenup. If you aren’t given enough time to think about the prenup, or if you weren’t given the chance to fully consider the prenup before signing, then your prenup could be invalidated. Pressuring someone to sign a prenup is never acceptable.
- The provisions themselves have to be compliant and proper. If you include illegal information or you discuss things that are forbidden (such as child custody), then the prenuptial agreement can be successfully challenged.
- In general, the contract has to be “fair.” This is called “conscionable.” If a contract is deemed to be “unconscionable” — that is, if a judge looked over the prenup and determined that it was far more in favor of one spouse as opposed to the other — then the prenup could be invalidated.
Source: FindLaw, “Top 10 Reasons a Premarital Agreement May be Invalid,” Accessed July 20, 2017