When a Prenuptial Agreement is Unfair

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 & Hammond can help. Give our firm a call today!