Challenging your prenuptial agreement during your divorce

On Behalf of | Mar 30, 2024 | Family Law |

Getting a divorce is often a challenging and emotional process. This can be especially true when you have a prenuptial agreement in place to dictate the division of your marital assets.

If you worry about your agreement negatively impacting you during your divorce, it is important to know that you can contest your prenup under certain circumstances.

Proving coercion or duress

One way to challenge a prenup is by proving that you signed it under coercion or duress. Coercion means that you experienced force or pressure causing you to act against your will. Duress refers to situations where you signed the prenup because of threats or intimidation from your spouse.

Demonstrating fraud or misrepresentation

If your spouse misrepresented their assets or finances when creating the prenup, you may have grounds to challenge it. For example, if your spouse failed to disclose certain assets or debts, the prenup may be invalid due to financial fraud or misrepresentation.

Showing unconscionability

Another way to contest a prenup is by arguing that it is unconscionable, meaning it is extremely unfair or one-sided. If the terms of the prenup disproportionately favor one spouse over the other, a court may deem it unconscionable and refuse to enforce it. One way this may come into play is if your financial situation changed significantly during the course of your marriage.

If you suspect you have grounds to contest your prenuptial agreement, seek professional advice and explore your options. With the right support, you can work towards a fair resolution during your divorce proceedings.