Build Your Business Drop to LL.com Full View
Talk to a Lawyer Today
- Find Divorce Lawyers, Divorce & Separation Attorney Finder
- What You Need to Know About Divorce and Immigration
- Unemployment, Underemployment & Earning Capacity: Factors of Income Imputation
- The Rights of Non-Custodial Parents to Visit Children
- Calculating Income According to Child Support Guidelines
- When Should You Consider Collaborative Divorce?
- More Divorce Articles
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.
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.