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Ordway Law Group, LLC
Divorce & Family Law

When can prenuptial agreements be challenged?

On Behalf of | Sep 10, 2021 | Prenuptial Agreements |

A couple will often rely on a legal document called a prenuptial agreement to clarify their stakes in various assets. The premarital contract is a process by which the couple can thoroughly describe the assets and debts they are each bringing into the marriage. Unfortunately, there are several instances where the legal system could consider the agreement invalid.

Here are five factors that could lead to an individual challenging a prenuptial agreement in court:

  • It is a verbal agreement: Like any contractual obligation, the couple must properly execute the prenuptial agreement from a legal standpoint. Making the contract a written agreement makes it enforceable. If the contract is only verbal, the court will likely consider it invalid.
  • Signed under duress: If either party is pressured to sign under the threat of any type of penalty or punishment, an individual can challenge the validity of the agreement.
  • It contains invalid provisions: The prenuptial agreement can cover a wide range of financial matters from debts and asset ownership to retirement funds. Certain matters, however, are not valid. Those including provisions for child support or anything that could be considered an inducement for divorce would likely invalidate the contract.
  • Improper timing: The couple must complete the prenuptial agreement well in advance of the wedding. If it has the appearance of something that was forced or agreed to in the last minute, it will likely be considered invalid.
  • It contains false or incomplete information: Both parties must accurately portray their finances in the prenuptial agreement. On the basis of withheld information to the inclusion of false data, an individual can challenge the validity of the premarital contract.

While couples often approach the prenuptial agreement in the manner it was intended, some parties might try to use the contract to gain an edge in certain negotiations. Depending on the circumstances of your contract, it might be possible to challenge the legal document.

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