On prenups and how they can be legally challenged

Prenuptial agreements can be integral parts of any divorce. But it goes without saying that if you bring more assets to the table as a couple, then a prenup is more important to you and your marriage. This is why many high asset divorces involve prenuptial agreements: there is simply more to protect and thus a prenup is critical to this process.

However, you shouldn't be fooled into thinking that if you have a prenuptial agreement, you are set for life. In fact, there is a misconception out there that prenuptial agreements can't be legally challenged. Don't believe this. There are plenty of legitimate reasons for a spouse to file a legal challenge against their prenup. Consider some of the following circumstances:

  • Prenuptial agreements can't discuss certain topics, and they can't contain illegal information, false information, or incomplete information. In these cases, one of the spouses could sue to have part of the prenup invalidated.
  • Another important concept is having the time to fully consider the prenup. Spouses shouldn't have a prenup shoved in front of them on the morning of their wedding. They should have months of time preparing the document and considering all of the ramifications of signing one. So if you are rushed into signing a prenup, you have a legitimate case to make.
  • You should also have independent counsel involved in the drafting and implementation of the prenup. If independent counsel was not used, then you could challenge your prenup.

Source: FindLaw, "Top 10 Reasons a Premarital Agreement May be Invalid," Accessed Dec. 29, 2017

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