A prenuptial agreement can help protect spouses in the event they get a divorce. While these documents can be complicated, they may also be necessary. While spouses who make these documents try to ensure that their prenuptial agreements are iron-clad, situations allow a spouse to challenge the agreement. Three examples of when someone can challenge a prenup include:
Lack of representation
If a spouse signed the agreement and did not have legal representation, they may not have had the chance to fully understand what they signed. This lack of information may be enough grounds for a spouse to challenge the prenup by arguing they did not understand what they are signing and therefore couldn’t agree to it.
A prenuptial agreement needs to account for all the assets that each spouse has. If the agreement did not fully disclose assets, if one spouse was attempting to hide certain assets, the prenuptial agreement may not be valid. A spouse could argue that it creates grounds to challenge it because the agreement did not include all relevant assets.
If a spouse received an updated prenuptial agreement moments before signing it, there might be room for contention. The spouse could argue that they did not have sufficient time to review the changes before agreeing to them, which is why they want to challenge the changes.
Talk to an attorney
If your spouse is trying to challenge a prenuptial agreement, or if you are trying to challenge your own, reach out to an experienced family law attorney right away. They can help you review your situation to determine what you can do to protect your best interests and if there are grounds to challenge the agreement based on your unique situation.