Can My Prenup Be Challenged?
Decisions that you make before your marriage may seem unthinkable years later when you are preparing for a divorce. If you are wondering whether the terms of your prenup can be challenged, it is important that you obtain legal advice from a skilled professional. Contact a Morristown prenuptial agreement attorney today to discuss your situation and learn more about your legal rights.
What is a Prenup?
A prenup, or prenuptial agreement, is a contract that two individuals planning to get married can enter into. This document outlines each spouse’s rights and responsibilities regarding financial matters in the event of a divorce.
Prenuptial agreements can touch upon a variety of topics depending on what is relevant to the couple and their financial situation. Section 37:2-34 of the New Jersey Uniform Premarital and Pre-Civil Union Agreement Act states that premarital agreements can include the following.
a. “The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
b. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
c. The disposition of property upon separation, marital dissolution, dissolution of a civil union, death, or the occurrence or nonoccurrence of any other event;
d. The modification or elimination of spousal or one partner in a civil union couple support;
e. The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
f. The ownership rights in and disposition of the death benefit from a life insurance policy;
g. The choice of law governing the construction of the agreement; and
h. Any other matter, including their personal rights and obligations, not in violation of public policy.”
Having a clear understanding of these rights and responsibilities can help provide each spouse with clarity and prevent disputes and misunderstandings if the marriage ends in divorce.
Can My Prenup Be Challenged?
Because prenups are legal documents, there are many requirements that must be met in order for the contract to be considered valid and enforceable. For example, New Jersey requires that the contract be in writing, signed by both parties with full understanding and disclosure, be fair to each individual, etc.
If the prenuptial agreement does not meet the standards of the New Jersey court, it is possible that it can be challenged in court. Common and valid reasons a prenup can be challenged include the following.
- The agreement was entered into involuntarily
- The agreement was unconscionably unfair
- One party did not provide a full and fair disclosure of their financial situation
- One party did not have the opportunity to consult with independent legal counsel before signing the agreement or did not have adequate time to review
- The agreement did not meet all legal requirements
- There has been a significant change in circumstances that renders the agreement irrelevant or unfair
If any of these things apply to your situation, then it is possible that a court will find your prenup invalid. Understanding your legal rights and options is crucial in protecting your interests during your divorce. Consult a skilled attorney at Lazor Rantas, PC today to obtain experienced representation.
