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Can You Challenge a Prenuptial Agreement?

Family Lawyer | September 26, 2024 | Written by Crystal Arbour

A prenuptial agreement, often called a “prenup” or Marriage Agreement, is a contract between two people before marriage. This agreement typically outlines the division of assets and spousal support arrangements in the event of a divorce. While prenuptial agreements are legally binding, they can be challenged and potentially invalidated under certain circumstances. As Linley Welwood, we understand that prenuptial agreements are often seen as a safety net for couples entering marriage. That is why we have provided some information about whether or not you can challenge a prenuptial agreement.

Learn more about what a prenuptial agreement is.

Key Reasons a Prenuptial Agreement Can Be Challenged

1. Lack of Full Disclosure

For a prenuptial agreement to be enforceable, both parties must fully disclose their financial situation before signing. This includes all assets, liabilities, income, and expenses. If it can be proven that one party did not fully disclose their financial status, the agreement may be deemed invalid. This lack of transparency must be significant enough to have influenced the other party’s decision to sign the agreement.

2. Duress or Coercion

A prenuptial agreement must be signed willingly by both people. It can be challenged if one person can show they were pressured, threatened, or manipulated into signing. This pressure could be physical threats, emotional stress, or feeling forced to sign. The timing matters too; if the agreement was signed just before the wedding under pressure, it might be seen as coercive.

3. Unconscionability

A prenuptial agreement can be challenged if it is deemed unconscionable when signed. This means the agreement is so one-sided that it is significantly unfair to one party. Factors contributing to unconscionability include a significant disparity in the division of assets or an agreement that leaves one party in financial hardship. In contrast, the other party remains significantly better off. Courts will examine whether the terms were fair and reasonable when agreeing.

4. Improper Execution

For a prenuptial agreement to be valid, it must be executed correctly. This includes having the agreement in writing, signed by both parties and ideally witnessed by an independent third party. If these formalities are not followed, the agreement can be challenged. Additionally, both parties should have had the opportunity to seek independent legal advice before signing. If one party did not have proper legal representation or was discouraged from seeking it, this could be grounds for challenging the agreement.

5. Changes in Circumstances

Significant changes in circumstances after signing a prenuptial agreement can also be grounds for a challenge. For instance, if the financial or personal situation of one or both parties changes drastically, the terms of the agreement might become unreasonable or unworkable. This can include changes in employment status, health issues, or children’s birth. Courts may consider whether the agreement still serves its intended purpose and is fair given the new circumstances.

If you are interested in exploring our prenuptial agreements or any other aspects of family law, please contact the professionals at Linley Welwood. You can contact us via our online form, and we would be delighted to address any inquiries you have about our services or your specific circumstances.


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