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How and why a prenup could be successfully challenged

Let's say that you and your spouse signed a prenuptial agreement before you walked down the aisle together. Years have passed and you are now going through a divorce. So you review your prenuptial agreement and you start to realize that this document doesn't seem to be balanced. It seems to favor your wife or husband more than you.

This is one example of circumstances that could lead to a successful legal challenge of a prenup. It's called "unconscionability." If a prenuptial agreement is so one-sided that a judge deems it unfair upon review, then parts or all of the contract could be stricken down.

What are some other examples of circumstances that could lead to a legal challenge of a prenup? Here are a few:

  • If the provisions in your prenuptial agreement are illegal, or if the prenup contains illegal or false information, then a legal challenge could lead to the dismissal of parts or all of the prenup.
  • Time and consideration are important aspects to the signing of a prenup. Every spouse needs to receive a fair amount of time to fully consider the contract. Signing one is a big deal, after all. So if you were rushed or pressured into signing the prenup, then it could be stricken down.
  • If there was no independent counsel was not utilized in the signing of the prenuptial agreement, then it could be tossed out upon legal challenge.

Source: FindLaw, "Top 10 Reasons a Premarital Agreement May be Invalid," Accessed Aug. 21, 2017

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