Prenuptial agreements are contracts entered into before a marriage that
detail provisions about what the couple agree is fair in the event the
marriage dissolves. These agreements commonly address property division,
spousal support, guardianship, and other provisions in case of adultery
or bankruptcy. When the couple files for divorce, the prenuptial agreement
is looked to as a guideline to divide property. In certain cases, this
agreement can be challenged.
Challenging a Prenuptial Agreement
A divorce lawyer should be consulted if the property or alimony to be received
as a result of a prenuptial agreement is less than it would have been
if the agreement did not exist.
A judge will consider the challenged prenuptial agreement and see whether
or not it is fair in comparison to what would be acquired post-divorce
if it did not exist. If the judge recognizes that there is a significant
difference between what the agreement details and what the court would
decide, the agreement can be deemed unfair.
If the prenuptial agreement was shown to be signed under pressure, fraud,
or duress, it can be thrown out. A common example is bringing a prenuptial
agreement to the table right before a wedding that has been planned for
months, or not attaching any financial statements to the prenuptial agreement,
thereby hiding financials.
There are other ways for a prenuptial agreement to get thrown out, including
improperly filed paperwork, signing without legal representation, or if
the agreement is full of ridiculous provisions. If you are seeking to
get your prenuptial agreement dismissed, Claery & Green can help.
Give our firm a call today!