Prenuptial agreements are vital contracts when a couple has many assets and a lot of money tied into their relationship. Shared pieces of property, valuable items, and various financial accounts become central parts of a divorce when they apply, and a prenuptial agreement goes a long way in allowing the couple to sort out these complex issues without much bickering or extensive litigation.
Having said that though, the prenuptial agreement has this reputation of being impregnable. Many people think that once the ink is dry on the prenup, the document is ironclad and can never be challenged, appealed or otherwise altered — and that simply isn’t the case.
So how can a prenuptial agreement be successfully challenged? Well, one common challenge to a prenup is that one of the parties was forced to sign it or did not have enough to consider the ramifications of the contract. If you and your spouse are going to go through with a prenup, make sure both you and your spouse read it and have adequate time to think through the issues involved before signing.
Another way to challenge a prenup is if the contract itself is invalid or illegal. Certain provisions can’t be included in a prenuptial agreement, and certain information may be incorrect or falsified. These circumstances can lead to a prenup being challenged or thrown out.
“Unconscionability” is an important factor in determining if a prenup is legitimate or not. This is the idea that if a prenup is enacted as is, it would heavily favor one side of the divorcing couple. If the prenup is deemed “unconscionable” then it is considered invalid.
Source: FindLaw, “Top 10 Reasons a Premarital Agreement May be Invalid,” Accessed July 21, 2015