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What grounds are used to attack pre-marital agreements?
The arguments that can be expected to be used to set an agreement aside might include these:
I didn’t understand it (or my late mother didn’t understand it),
She physically or mentally or somehow forced me to do it, and at the last minute,
He never told me he was that wealthy,
She told me it was not binding,
He promised it was temporary and we would tear it up on our first anniversary,
I was ill, confused, under stress and drunk,
He told me that if I spoke to a lawyer the marriage was off, a day before the wedding, with all the guests in town,
We both used his lawyer, and she told me it was very generous,
It wasn’t supposed to cover the house we lived in – I bought it with my money,
He said it would not take into account money I inherited from my grandmother, after our marriage,
That’s not what we agreed on, and so on.
Whether they succeed or fail would depend on the facts and the parties ability to prove them, and on state law. Some clearly constitute legal grounds to set the agreement aside, some may not. But one thing is certain. The ensuing litigation would be costly and emotionally draining. |
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