When a couple chooses to create a prenuptial agreement, one of its clear objectives is to simplify a potential divorce so that the spouses do not waste time and resources haggling over the specifics. However, some prenups are not entirely fair in their terms, or may have other weaknesses that may not hold up in court. If you see divorce at the door and have concerns about the terms of your prenup, you may have grounds to challenge it. Challenges to prenups generally fall into two categories.
In most cases, one spouse challenges a prenup because it is innately unfair, or because the terms in the agreement are not enforceable. If, for instance, one party signs the agreement without fully understanding what it outlines or signs it under pressure from the other party, then a court may not honor the agreement, even if it is legally sound otherwise. There are several ways that a person might enter into an agreement unfairly, so make sure you understand how the law applies to your own circumstances.
Similarly, an agreement may not hold up in court, even if both parties support it if the terms of the agreement themselves are invalid. For instance, most courts will not honor an agreement that benefits one party far more than the other or may toss out an agreement that addresses child custody or child support.
In practice, creating a truly “ironclad” prenuptial agreement is much easier said than done. If you wish to challenge your prenup, or even a portion of it, be sure to use all the legal resources and guidance that you have available and build a strong divorce strategy. With careful attention to detail, you can protect your interests in a divorce so you can better make a fresh start on the other side.