Challenging a prenuptial agreement

UPDATED: Jul 12, 2023Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 12, 2023

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UPDATED: Jul 12, 2023Fact Checked

Any agreement between two parties can be contested at any time, and pre-marital agreements are no exception. Pre-marital agreements or pre-nuptial agreements specify how financial assets, money, and property will be divided in the event of a divorce. Sometimes the specific amounts can be adjusted and sometimes the entire agreement can be invalidated.

How can the validity of pre-marital agreements be contested?

Valid pre-nuptial agreements require the following:

  • Pre-nuptial agreements usually require full disclosure of income and assets of both parties in order to be valid. Some states allow a waiver of full disclosure, but the party that waives that right must do so knowingly.
  • Valid pre-marital agreements must be made in writing and signed by both parties.
  • A pre-marital agreement must be reasonable. If it is not, it may be viewed as an unconscionable agreement and no court will uphold it.
  • Each party must have time to review the contract and obtain legal counsel prior to signing it.

How does the law uphold or invalidate pre-marital agreements?

Contract law rules will generally apply to determine the validity of the agreement at its creation.

  • If any of the above requirements were not met, the pre-marital agreement can be invalidated and will not be upheld by a court.
  • A pre-nuptial agreement can also be contested if party was forced to sign it under duress.
  • If one party misrepresented the contract, or if one party was intoxicated, taking certain drugs, was ill, or lacked mental capacity in another way at the time of signing, the contract may also not be valid.

Generally, the person who wishes to have the agreement declared invalid will have the burden of proving that there was a problem in its formation.

If you wish to contest a pre-marital agreement, you will need to get legal help. An attorney can assist you in gathering the evidence you need in order to convince the court to throw out the original document.

Case Studies: Challenging Prenuptial Agreements

Case Study 1: Financial Disparity

In this case study, Sarah and John entered into a prenuptial agreement that outlined the division of their assets in the event of a divorce. However, during the marriage, John significantly increased his wealth while Sarah’s financial situation remained unchanged. Sarah believes that the prenuptial agreement is unfair and seeks to challenge its validity based on the significant financial disparity that has emerged.

Case Study 2: Duress and Coercion

In this case study, Michael and Emily signed a prenuptial agreement shortly before their wedding. However, Emily later discovers that Michael had pressured her into signing the agreement by threatening to call off the wedding. Emily believes that the prenuptial agreement was signed under duress and seeks to have it invalidated based on coercion.

Case Study 3: Lack of Full Disclosure

In this case study, Mark and Lisa executed a prenuptial agreement that specified the division of their assets. After their divorce, Lisa discovers that Mark failed to disclose certain financial assets during the negotiation and drafting of the agreement. Lisa believes that Mark’s lack of full disclosure renders the prenuptial agreement invalid and seeks to challenge its enforceability.

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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