Can you challenge a prenup in Texas divorce?

On Behalf of | Jun 16, 2020 | High Asset Divorce

In the beginning, neither of you thought divorce would happen in your marriage, but you thought it better to be safe than sorry, so you signed a prenuptial agreement to protect each of your independent financial rights and assets. But unfortunately, divorce is here. Now you are wondering if it is possible to successfully challenge the prenup so that you can get a more equal share of the marriage’s assets in the property division or spousal support. The answer is yes, even if your prenuptial agreement is properly written, potentially it could be worked around if it can be proved invalid.

The following are three of the many reasons a prenup may be considered invalid in a Texas court:

  • Your spouse provided incomplete, incorrect or misleading information about their financial details in the required disclosures.
  • You did not thoroughly read the agreement or spend enough time properly considering it.
  • You felt pressured into signing the prenup by your spouse, their lawyer or family.

Another important thing to know is that if the agreement is now weighted so heavily in favor of your spouse that it puts significant financial hardship on you, it may be deemed an unconscionable contract and therefore invalid because of it.

If your prenup is successfully dismissed — or at least some of its major clauses are ruled to be unenforceable — then you would likely be entitled to an approximately 50/50 share of your marriage’s assets, or at least a greater share than you would get before. Obviously, getting your fair share of the marriage’s property will help you in starting your new life after divorce.

Legal help to fight the prenup

If you are seeking to get your prenuptial agreement ruled invalid and dismissed, it is crucial that you have a skilled and compassionate Texas attorney who can understand your plight and help fight for you. An experienced San Marcos attorney can get you the fairest treatment possible during your divorce property division.