Prenuptial agreements are increasingly common for couples who are planning to marry. These contracts usually outline how assets and debts will be divided in the event of a divorce, in addition to other considerations. But what happens if you find yourself unhappy with the terms of your prenup during divorce? Can you challenge its validity?
The good news is, yes, you can potentially contest a prenuptial agreement in Texas. However, it’s important to understand that the courts generally uphold these agreements. Successfully challenging one requires proving specific grounds for its invalidity.
Grounds for challenging a prenuptial agreement
Improper execution can lead a court to throw out a prenuptial agreement. A prenup must be in writing and willingly signed by both parties before marriage. If these formalities aren’t followed, the agreement is likely void.
Lack of voluntary consent is another basis for challenging a prenuptial agreement. Duress or coercion can render a prenup invalid. This means you couldn’t have signed freely due to:
- Threats
- Undue pressure
- Manipulation
Moreover, the Lone Star State law emphasizes fair disclosure of finances. If one spouse hid significant assets or debts before signing the prenup, it could be deemed unenforceable.
Moreover, if you lacked the mental capacity to understand the agreement’s terms when signing due to intoxication, illness or mental health issues, the prenup might be challenged. Lastly, while prenups allow for asset division agreements, the terms can’t be so one-sided that they leave one spouse in financial hardship.
Prenuptial agreements can provide financial security and peace of mind for couples entering marriage. However, life circumstances can change, and you might find yourself questioning the terms of your prenup during a divorce. While the state courts generally uphold prenuptial agreements, there are grounds to challenge their validity under specific circumstances. Consulting with a reliable legal team can be essential to understand your options and explore the most effective approach for your situation, whatever it may be.
