Can You Prove Your Prenup is Invalid?

DivorceIt used to be that prenuptial agreements were considered insulting. Today, these papers are common and increasingly accepted. Especially with high net worth couples, it’s typical for marriages to not proceed without partners not having signed a prenup agreement.

Up until a few years ago, prenups were considered difficult to void. However, there have been cases of courts throwing out prenuptial agreements, the most popular of which is a case involving a couple from Long Island. Divorce lawyers in the area like Law Offices of Ian S. Mednick and across the country are all sitting up.

Defensible Grounds for Revoking the Prenup

This resets the bar. Whether you’re trying to get out of a prenuptial agreement you now believe to be lopsided or if you’re thinking about/being asked to sign one, here are conditions and grounds you need to watch out for:

  • The agreement is fraudulent. It’s common for the spouse with greater assets to undervalue their properties. If you can prove your partner did not make full disclosure of their assets, you may have grounds to have the prenup thrown out the window.
  • The agreement was coerced. If you can prove you signed the agreement under duress, under the influence of drugs or without mental capacity, you can invalidate the prenup. Although coercion can be tricky to prove in court, it’s possible with proper representation and legal advice.
  • The paper work wasn’t filed properly. A prenuptial agreement is a legal contract. This means it should be properly filed and drafted. Any careless errors that prove the prenup was poorly drafted could render it less airtight.
  • You signed without proper legal representation. Signing any type of legal contract without legal representation is never a good idea. Both parties to a prenup should have independent counsel. If you signed without legal counsel, there may be a chance of invalidating it.
  • The agreement is ridiculous. Contracts have their own peculiarities. Although the court is not particularly interested with the provisions, if there are factors in the prenup agreement that raise eyebrows, it could help prove the agreement too lopsided.

In summary, it does sometimes happen when, say, a woman who signed a prenuptial agreement and whose husband now wants a divorce, has defensible grounds for wanting the agreement revoked. In cases like this, consulting with a divorce lawyer is the best action.