Can I Contest my Prenup – and Should I?

For many people who have one, a prenuptial agreement can be a vital safety net. These agreements can provide some peace of mind and guidance during a tumultuous time – the end of a marriage.

However, in some cases, a prenuptial agreement may no longer seem to be fair or appropriate. And rather than giving parties some reassurance, it can create problems that make people worried about their life after a divorce. In these situations, parties may wonder if they can – and should – attempt to invalidate their prenup.

Contesting a prenup

To invalidate a prenup, parties need to successfully argue that it is invalid. There are numerous reasons an agreement may not be valid. Some of these reasons include:

• Evidence that one party was forced or coerced into signing it

• A grossly unfair agreement

• The discovery that a party lied about or failed to disclose details in the document

• No written agreement, making the agreement invalid

• Proof that the document was not signed before the wedding

• Lack of consideration, meaning that one party was not able to review it appropriately before signing

For these and other reasons, the courts may set aside certain provisions or the entire agreement.

Why would a person want to challenge a prenup?

Considering the effort that it can take to create a prenup, disputing its validity is not a decision that people make lightly.

However, if you learn that fraud, coercion, or other bad acts were involved, and you are now at a disadvantage because of that, challenging the agreement can be crucial in securing a fair divorce settlement.

It is worth noting, though, that contesting a prenup just because you do not like the terms may not be successful without legal grounds to overturn it. As such, it is crucial for parties to consider their options carefully and review an agreement before they sign one in the first place.

If you have any concerns about the validity of a prenuptial agreement, whether you are going to sign it or you have already signed it, securing legal counsel can help you make decisions that protect your best interests and your future.