When can your prenuptial agreement be overturned?

On Behalf of | Sep 15, 2021 | Family Law |

When people marry, they often hope that their union will last a lifetime. Unfortunately, this is not always the case. This is why it is important that you protect yourself with a prenuptial agreement that outlines how your assets will be divided should the marriage end. 

Prenups can be fatally flawed, however, if they’re not properly executed. A number of factors can prompt the court to overturn a prenuptial agreement. Here are circumstances under which your prenuptial agreement can be overturned by the court. 

If it is fraudulent

This does not refer to a “fake” prenup document written by one party. Rather, it refers to the idea that one party withheld some of their assets at the time the document was created. If you can prove that your spouse hid or undervalued some of their assets at the time the prenup was drafted, you may have grounds for asking the court to invalidate it.

If you signed it out of coercion

Coercion can be hard to prove, especially when discussing the prenup document several years later. However, if you can convince the court that the other party coerced you into signing the prenup agreement, or that you signed it under duress, you could have it invalidated. For example, if your fiance shoved a prenup in front of you the night before the wedding, that may have put intense emotional pressure on you to sign — even though the terms weren’t fair.

Divorce can be complicated under any terms, but questions about a prenuptial agreement’s validity are especially complex. If you’re concerned, find out more about your legal options.

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