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On legal challenges to prenuptial agreements

Prenuptial agreements are not invulnerable to a legal challenge. There are plenty of legitimate reasons and circumstances that could lead to a prenuptial agreement being invalidated, may that be in part or in full. So what are some of these reasons or circumstances?

First of all, the prenuptial agreement itself must be proper, compliant and legal. If you discuss illegal things in your prenuptial agreement, or if you fail to have a written contract, then your prenuptial agreement could be invalidated upon a legal challenge.

There are more practical reasons for a prenup to be invalidated though. For example, time and consideration are important factors before you sign a prenup. All parties that are agreeing to the contract are supposed to look over the prenup and carefully consider the importance of it. If you aren't given time to consider the prenup, or if you are pressured into signing the prenup, then it could be successfully challenged.

The information contained within the prenup is critical. As we mentioned above, you can't talk about illegal items in a prenup. Other invalid provisions could be knocked down upon a challenge, as could any element of the prenup that is either incomplete or contains false information.

There must also be a general sense of fairness to the prenuptial agreement. This is called conscionability. If the contract favors one spouse over the other too heavily, then a judge could deem part or all of the prenup "unconscionable."

Source: FindLaw, "Top 10 Reasons a Premarital Agreement May be Invalid," Accessed Aug. 3, 2017

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