A prenuptial agreement, simply known as a prenup, can be an important safety net when getting married. This is a binding document that a couple signs before marrying to separate personal assets from marital assets should the marriage collapse.
However, a prenuptial agreement can be contested and revoked for a number of reasons. Here are situations where you can challenge the validity of a prenup contract:
If the prenup is fraudulent
Honesty is paramount when creating a prenuptial agreement. And this refers to the accurate valuation of all the assets and debts in each party’s name. If your spouse intentionally hid or devalued their assets and/or debts, then you may dispute the entire document on grounds of fraud.
If you signed the prenup under duress
In signing the prenup agreement, you are affirming that you have read and accepted its provisions. However, if your spouse coerced, manipulated or tricked you into signing the agreement, then you can successfully contest its validity. For instance, if your spouse demanded that you sign the prenup the night before the wedding, then you might have felt obliged to follow through with their demand regardless of your concerns.
If the prenup contains unconscionable terms
A prenuptial agreement cannot be egregiously one-sided. If this is the case, then you can challenge the document on unconscionable grounds. A prenup is deemed unconscionable if its terms are so lopsided that it would place one party at an undue disadvantage were it to be enforced. An example would be a situation where the prenup demands that you hand over any property you acquired before marriage to your spouse in the event of a divorce with no other options.
A prenuptial agreement can help you protect personal property in the event of a divorce. Find out how you can create a prenup that will safeguard your rights and interests in your hour of need.