For many, the idea of signing a prenuptial agreement is uncomfortable, as they believe it signals the thought that a marriage is doomed to fail before it even begins. However, these are useful documents that can help simplify the divorce process, ensure both spouses are on the same page, and protect personal property. Unfortunately, if you go through a divorce, you may find that the terms and conditions of the contract are invalid or unfair. As such, you may wish to challenge the prenuptial agreement in court. The following blog explores this process in further detail so you understand your rights in this process. You’ll also discover the importance of working with a Somerset County divorce attorney to discuss your rights during this emotional time.
What Are the Grounds on Which You Can Challenge a Prenuptial Agreement?
A prenuptial agreement is a legal document a couple signs before they are legally married that details what will happen to their property in the event of a divorce. Most commonly, this is used to help protect the separate property of each party from becoming marital assets and thus being subject to division during a divorce. For many, this is used not because the marriage is bound to fail, but rather to provide peace of mind for each party that, in the event of a divorce, their property is secured.
While the creation of these documents requires the filer to adhere to strict regulations and requirements, there are circumstances in which the document could be challenged. These include the following reasons:
- Coercion or duress: If you were forced or manipulated into signing the document, it can be deemed invalid. Similarly, if you were not provided adequate time to review the document before signing, it can be deemed duress. However, this can be difficult to prove.
- Illegal agreements: Prenups are limited in the information they can and cannot contain. Matters like child custody and support cannot be determined ahead of time and will be decided by the court.
- Unconscionable agreements: If the agreement contains terms and conditions that are lopsided or that the court deems would result in financial hardship for one party, the agreement can be overruled.
Do I Need a Lawyer For This Process?
If you signed a prenuptial agreement and wish to challenge the terms and conditions based on one of the aforementioned legal grounds, it is imperative to work with an experienced attorney as soon as possible. Unfortunately, many underestimate the severity of these matters, which can result in an unfair outcome from their divorce.
Regardless of whether or not you believe the terms and conditions of the document are fraudulent or that you were forced into the agreement, working with an experienced attorney from the Siragusa Law Firm is critical. We believe you should not have to settle for an unfair divorce simply because of an invalid document. That’s why we will explore your legal options to help you fight for the best possible outcome. Contact us today to learn how we can fight for you.