Divorce is a time of uncertainty for most people. They don’t know what to expect when dividing their property or negotiating custody arrangements if they have children. Some couples can approach divorce with a pre-existing understanding of the terms for important divorce matters.
Those who negotiated and signed prenuptial agreements before getting married can potentially pursue an uncontested divorce where they set their own terms. Contrary to what people sometimes assume, marital contracts do not always hold up in divorce court. Prenuptial agreements, in particular, are sometimes subject to challenges brought by a spouse unsatisfied with the terms they previously set.
What might invalidate a prenuptial agreement?
There are a variety of different factors that could influence how much weight the courts give a prenuptial agreement. A handful of unusual circumstances might lead to a judge invalidating or setting aside a prenuptial agreement at the request of one spouse.
One of the most common reasons that people challenge prenuptial agreements in family court is an unconscionable contract. If the document technically only extends protections and special consideration to one spouse, it may not be a valid and enforceable agreement. If the agreement sets aside property for one spouse but does nothing to benefit the other, the courts may decline to uphold it during a divorce.
Often, unbalanced agreements are the result of only one spouse having legal representation. Someone who did not retain their own attorney when negotiating or evaluating a prenuptial agreement could ask the courts to set the document aside because they didn’t understand the document they signed.
Similarly, those who signed while under duress may be able to invalidate the contract they signed before marriage. Examples of duress include scenarios in which a pregnant fiancé felt compelled to find the agreement because their partner wouldn’t marry them despite their pregnancy unless they signed. Illegal terms can also potentially lead to the invalidation of the agreement in some cases.
Understanding what raises questions about the usefulness of a prenuptial agreement can be beneficial for those drafting documents and those preparing for divorce negotiations. Prenuptial agreements can be very helpful in some cases, but may be unfair and open to challenge in other situations.