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Can I Contest My Prenuptial Agreement



The simplest way to contest a prenuptial agreement is to refuse to sign it or ask that it be changed to terms you agree to. However, there are ways to contest the agreement after the fact, such as through a divorce.

It's A Contract

Prenuptial agreements are civil contracts between two parties in addition to the civil contract the marriage creates. State and federal laws pertaining to contracts will typically apply to prenuptial agreements, but for detailed information regarding your state's laws, please consult a local divorce attorney. Usually, your state's contract laws will apply to your prenuptial agreement; therefore, basic negating factors such as fraud will apply to voiding your prenup.

Challenges

Many prenuptial agreements have a section where challenges to the agreement are discussed; that is, upon what grounds can the parties contest the contents of the agreement. Duress, or being pressured into signing the agreement, is one such common challenge. If, for instance, you were told to sign the agreement the morning of the wedding, after all of the arrangements for the planned union had been made, you could claim in a divorce or separate legal action that you were forced to sign the contract under duress.

Enforceability And Validity

Because a prenuptial agreement is a contract between two parties, most states will honor it as long as it abides by the state's contract laws and does not go against public policy or is illegal in any way. If you signed your prenup while under any kind of duress or without having proper time to look it over, consider it, or have an attorney review the contract, it probably won't be deemed valid. Also, if there is anything fraudulent about the prenup or the conditions under which it was signed, it probably will be found invalid as well. For instance, if the contract was agreed to under false pretenses, the wife signed it because her soon-to-be husband led her to believe he was wealthy when in fact he was not, for example, the court may find it invalid.