Can a Prenuptial Agreement Be Challenged in Court?

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Can a Prenuptial Agreement Be Challenged in Court?

A prenuptial agreement can be a useful tool if both parties agree on terms and want to protect their own assets. These agreements can be challenged though, which is why you want to be honest in your negotiations and ensure that everything has been done in a legal manner. A Morristown, NJ family agreement attorney from our firm can help you draft a legally binding agreement that leaves little opportunity for divorce court challenges to succeed.

When Can a Prenuptial Agreement Be Challenged?

There are a few common reasons to challenge a prenuptial agreement. One party could decide that:

It’s unfair: A prenup should be balanced. One that includes clauses that blatantly favor one party over another is easy to challenge in divorce court.

Circumstances have changed: In some cases, a prenup that seemed fair before could seem unfair or cruel after a change in circumstances. A good example of this would be if one spouse became ill and unable to work. It may seem unfair to enforce an agreement that was made when both parties were in good health without some modifications.

They signed under duress: You cannot force someone to sign a prenup. Any document that was signed under duress or in a rush, like if you asked for a prenup in the car on the way to the wedding, can be easy to challenge.

What Provisions Aren’t Allowed in a Prenuptial Agreement?

Another common issue is the inclusion of provisions that are not supposed to be in a prenuptial agreement. Your prenup is primarily meant to cover financial issues. Straying too far from these matters is a bad idea.

A good example of this would be a prenup that covers what would happen to you and your spouse’s children. Including clauses about child custody or support is generally not allowed. The court wants to determine this itself by weighing the best interests of the child at the time of the divorce. So this clause would be ignored in the best-case scenario, but its inclusion risks the legitimacy of your agreement as a whole.

Should I Have a Lawyer Review My Agreement?

Yes, you should never sign an agreement without having your lawyer review it. If you are the one drafting the prenup, you should at least have your lawyer review it. If you are the one being asked to sign the prenup, then you should be given adequate time to look it over with your attorney. You need to protect yourself and your assets, so do not agree to just any deal or risk your prenup, and the protections that come with it, being thrown out in court.

Contact Our Law Firm

If you have questions about prenuptial agreements, contact Lazor Rantas, PC. We can help you figure out if you need this kind of agreement, and then we’ll help you draft a legally sound document that will stand up to any challenges.

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