Last month, we wrote a post about prenuptial agreements and how to go about getting one of these contracts without ruining your relationship. In that post, the importance of the prenuptial agreement was central to the discussion. Today, we want to talk about the prenuptial agreement in a different context: how a spouse could actually mount a serious and successful legal challenge to a prenup.
Prenups have long had a reputation as being nearly impossible to overturn or reverse. To a certain degree, this is true. In most cases, judges will want the prenup to stand as is. However, there are circumstances where the prenup can be successfully challenged. One such circumstance is if the information contained within the prenup is illegal or false.
A more common reason though is that one of the spouses was pressured into signing the prenup, or they weren't given enough time to consider the prenup. You shouldn't be days out from your wedding and being handed a prenuptial agreement to sign. These contracts contain so much consequential information that you need a lot of time to fully consider it. If this wasn't afforded to you prior to signing, then you could challenge the validity of the prenup.
The prenup also needs to be "conscionable," which is basically the concept of fairness. If the prenup too heavily favors one spouse over the other, a judge may deem it to be"unconscionable."
Source: FindLaw, "Top 10 Reasons a Premarital Agreement May be Invalid," Accessed Jan. 11, 2018