A long time ago, we wrote a post about a prenuptial agreement that was upheld by a judge after it was legally challenged. That post brought up an interesting topic that we would like to expand upon today: when you challenge a prenuptial agreement, what are some common grounds that are used to support the claim?
This question is important because many people think that prenuptial agreements are somehow immune to legal challenges. While it is true that many judges don’t like to interfere with prenups, it is not true that they are immune to a challenge. There are acceptable reasons to challenge a prenup that could lead to the prenup being changed or tossed out.
One common reason is if the prenup simply favors one spouse far too much. When the prenup is deemed to be in favor of one spouse far more than the other, a judge could rule that the contract is “unconscionable” and throw it out.
Another common reason is how much time the spouses had to sign the contract and fully consider what signing that document meant. If one spouse rushed or forced the other spouse to sign, the document would be highly susceptible to a legal challenge.
You also have to consider the very information contained within the contract. Some topics are off limits (like child custody, child support, and the right to alimony), and a prenup isn’t allowed to contain illegal information. Similarly, if a spouse lies or leaves out relevant information from the prenup, it could be challenged.