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The many ways in which a prenup can be appealed

On Behalf of | Jun 5, 2015 | Property Division |

About a month ago, we wrote a post about prenuptial agreements. More specifically, we wrote about how there are certain things you can, and certain things you can’t, include in the prenuptial agreement. But there is another important matter to consider about the prenup beyond just “getting a prenup” and “what can I include in the prenup.”

That important matter is: can I challenge a prenup? This is a more important question than many realize, simply because prenuptial agreements have long had a reputation of being impenetrable documents that simply can’t be appealed or challenged unless extreme circumstances are involved. To the contrary, these documents can be appealed and there are some very simple grounds for a spouse to appeal on.

One common reason is that the prenup was drafted poorly or that it contains illegal or invalid information. There are strict protocols that dictate whether a prenup is “proper,” and there are also strict guidelines about what provision can be included in the document.

Another key reason is that one of the spouses pressured the other spouse into signing it. This could happen because you didn’t have enough time to consider the document, or that they actually pressured you to sign against your will.

A couple of other circumstances that may not be immediately apparent are written documentation and unconscionability. Written documentation is necessary for a prenup to be valid. The other reason, unconscionability, has to do with a document being so imbalanced and in favor of one spouse rather than the other that it is unconscionable to allow the prenup to be valid. A court would rule on unconscionability.

Source: FindLaw, “Top 10 Reasons a Premarital Agreement May be Invalid,” Accessed June 5, 2015


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