While prenups are designed to provide clarity and financial protection to both parties in a marriage, they are not completely foolproof. There are circumstances when a prenuptial agreement can be challenged in court. If you feel like any part of your prenup is invalid or unfair you must work with a skillful attorney to challenge the document and ensure your rights are protected. Speak with a Memphis, Tennessee prenuptial agreement lawyer today to discuss your situation.
What is a Prenuptial Agreement?
A prenuptial agreement, often referred to as a prenup, is a legal contract that two individuals can enter into before getting married. Its purpose is to outline how the couple’s affairs will be handled in the event of divorce, separation, or death, particularly concerning assets and liabilities.
Generally, the document requires both couples to disclose all properties and debts, have separate legal counsel review the agreement, and sign a written contract. It is also important that both parties enter into the contract willingly.
When Can a Prenuptial Agreement Be Challenged in Court?
While these contracts are often completely valid and enforceable, there are some times when their legality can be challenged in court. Consider the following.
- Lack of full disclosure: One of the most important factors of a contract is complete and honest disclosure. If one spouse did not disclose certain assets or liabilities during the negotiation process of the prenup, the other spouse may be able to challenge its validity. Failing to properly disclose can be considered a breach of trust and render the agreement void.
- Coercion or duress: For a prenup to be enforceable, both parties must enter into the agreement voluntarily. If one party was coerced or forced into signing the agreement through threats or pressure they can challenge it in court.
- Unfairness: A court may find a prenup “unconscionable,” meaning that it is extremely unfair or one party is put at a significant disadvantage.
- Improperly executed: In Tennessee, prenuptial agreements must be in writing, signed by both parties, and in some cases notarized. If the document does not meet these requirements it has been executed improperly and its validity can be challenged.
- Change in circumstances: Sometimes life circumstances change, especially over the course of many years. These changes, if significant enough, may render the prenup invalid as it may no longer be accurate or fair.
- Insufficient time: Courts may deem a prenup invalid if it is determined that one party was not afforded sufficient time to review the agreement. If it was presented only a day or so before the wedding they may have felt pressure to sign and were not given a chance to consider the terms.
In any of the above cases, evidence will need to be presented that backs up the challenging party’s claim. Reach out to a lawyer to obtain representation today.
