Challenging a Prenuptial Agreement During Your Divorce
You were sincere when you said, “till death do us part,” so the prenuptial agreement you were asked to sign may have felt more like a formality than a legal contract. Now that you are divorcing, you may realize that you should never have agreed to the inequitable terms. However, you have options. You can challenge the validity of the prenuptial agreement under the same legal principles that you would dispute any other contract.
You were not represented during negotiations
Negotiating with an attorney about the clauses of your prenuptial contract puts you at a disadvantage if you lacked representation. The reason you failed to retain legal counsel is relevant to the argument. Possibly, you could not afford a lawyer or your spouse convinced you that the attorney drafting the agreement would be fair to both of you.
Nondisclosure of assets or misrepresentation of property values
As in a business deal, the other party must accurately represent the objects of negotiation. Purposeful misrepresentation about the nature or value of the property can render a contract invalid if you would not have agreed to the terms had you been given truthful information.
Your spouse coerced or pressured you into the contract
Voluntariness is a primary element in any contract. Cultural aspects may come into play to create a coercive environment. Likewise, you were forced into the contract if you agreed to sign only because your spouse threatened to leave you days before your wedding if you refused.
An unconscionable agreement
That your contract is unfair does not constitute a valid challenge, even if you regretted your agreement immediately after signing. However, an agreement that disproportionately enriches your partner while thoroughly devastating you may be considered unconscionable. An aggressive attorney can help balance the scales and get you what you deserve.