What are some common reasons why a prenup is invalidated?

On Behalf of | Jan 5, 2018 | High Asset Divorce

Prenuptial agreements provide many crucial legal protections to the spouses that sign the document. However, there is this idea that prenups somehow can’t be taken down in a legal challenge. There are actually many different reasons why a spouse could challenge a prenuptial agreement, and ultimately succeed with that challenge. Part or all of the prenuptial agreement could be invalidated in these cases:

Not enough time or consideration was given. This can a tough one to specifically define, but in general this means that if one of the spouses forces the other spouse to sign a prenup without giving them the time to fully consider the prenup and its ramifications, then the victimized spouse could challenge the prenup.

The provisions and information are invalid or illegal. There are many topics you aren’t allowed to discuss in a prenup. The information contained within the prenup must be compliant and legal. If these two points don’t hold up, then the prenup may be invalidated upon legal challenge, if not wholly then partially.

The concept of “fairness.” Prenups aren’t necessarily designed to be “fair.” They are meant to accurately represent the concerns and assets of the spouses, and then determine where things go from there (should a divorce happen). However, the prenup shouldn’t be so grossly in favor of one spouse that it is deemed “unconscionable.” In these cases, a judge can toss out part or all of the prenup.

Source: FindLaw, “Top 10 Reasons a Premarital Agreement May be Invalid,” Accessed Jan. 5, 2017