A prenuptial agreement can save a couple a lot of money and emotional stress in the event of a divorce. This contract outlines the financial terms of the marriage. It also separates personal property from marital property if the marriage comes to an end through divorce.
For a prenup to hold up in court, however, it must be valid. Here are three instances when you can challenge the validity of a prenup.
It wasn’t clear or is simply unconscionable
If the wording of the prenup is unclear or confusing, it may not be valid. Any agreement should be understood by both parties, so if the wording is unclear or confusing, the prenup might not be valid. Similarly, prenups that only benefit one party are often considered “unconscionable.”
It is fraudulent
While drafting the prenup, each party must fully disclose what they own and owe. If, upon signing the prenup, you learn that your spouse undervalued or hid some of their assets and debts, you can challenge the validity of the document on grounds that it is fraudulent.
It contains illegal provisions
The law restricts what can (and cannot) be included in the prenup. and a prenup cannot contain illegal provisions. For instance, the prenup cannot override local, state and federal statutes. Additionally, a prenup cannot include provisions regarding child custody matters. Finally, a prenup cannot contain provisions that encourage divorce. The existence of any of these can justify its invalidation.
Protecting your interests
A prenup can be a useful tool for soon-to-marry couples who want to protect their future. Learning more about your legal options can help you decide if a prenup is right for your needs.
