Why your prenup might not hold up in court

Why your prenup might not hold up in court

On Behalf of | Nov 26, 2021 | Complex Property Division

Your spouse asking you to sign a prenuptial agreement seemed like a bad omen and now you are proved right. After a few short years of marriage, your relationship has deteriorated to the point where you are divorcing.

Not only do you wish you had never married them, but you wish you had never signed the prenuptial agreement. While you cannot go back in time and avoid marrying, you may be able to challenge the prenuptial.

Prenuptial agreements are a popular way for parties to protect their premarital assets. While they are more common among wealthier people, you do not need to be rich to use one. They can make a lot of sense, as many marriages do not last. If you spend years working hard to build wealth, you might not want to gamble it all on a personal relationship. However, for a court to uphold them, they need to be reasonable.

A prenuptial cannot cover certain things

Prenuptials cannot impose restrictions on child custody or child support. So even if you signed something promising that you would let your spouse keep your child if you divorce, you can challenge it.

Prenuptials need to be reasonable

The law uses the term unconscionable. If a judge considers a clause in the agreement too one-sided, they may invalidate it. For example, if the contract says that you must leave the state in the event of a divorce, a court will consider that invalid.

If the prenuptial you signed is unfair or your spouse forced you to sign, you may be able to challenge it. If your spouse is waving a prenup that you never saw or that appears different from the one you signed, you should also investigate further. If you can prove fraud, you may again be able to overturn it. Finding out more about divorce law can help you get a fair outcome in your divorce.