LEGAL ALLIES, TRUSTED PARTNERS

Could your prenup be invalid?

On Behalf of | Nov 14, 2022 | Divorce

Before you walked down the aisle, you and your husband or wife talked through a prenuptial agreement. Even though these agreements can benefit both spouses, they often are more valuable to certain women. Indeed, according to reporting from U.S. News and World Report, they typically offer safeguards to those who stay out of the workforce to raise children.

Whether your penup mostly benefits you or your soon-to-be ex-spouse, you may wonder if it is vulnerable to invalidation. In most cases, invalidating a prenuptial agreement can be an uphill battle.

Reasonableness

When it comes to evaluating the legitimacy of prenuptial agreements, courts usually defer to each spouse’s decision-making. Therefore provided both parties are adults with sound minds, a court is likely to respect your prenup. If the agreement unreasonably benefits you or your spouse, however, a court may weigh in.

Duress

When you sign any legally binding contract, such as a prenuptial agreement, you must do so willingly. If you were facing threats of physical harm, your agreement may be voidable. You should know, though, that your spouse’s refusal to marry you unless you sign the prenup probably does not constitute duress.

Deception

You should have had access to all available and relevant information when you signed your prenup. If your spouse withheld financial information or kept you in the dark about other matters, you may have grounds to attack the validity of your prenuptial agreement.

Ultimately, if you think your prenup is unfair or misses the mark in another area, contesting it might improve your chances of having a divorce that benefits you.