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Think a prenup can’t be challenged? Think again

You would be remiss to think that a prenuptial agreement is an impenetrable contract that simply can’t be challenged. The prenup has a complicated history, and there are perceptions and myths about this critical piece of marriage and divorce law. But if there is one thing that a prenuptial agreement isn’t, it is impregnable.

There are plenty of reasons why a spouse may challenge a prenup, and successfully at that. First of all, the manner in which a prenup is presented to someone is important. If a spouse didn’t have a lot of time to consider the prenup, or if you were pressured by your spouse to sign it, or if you didn’t read the document, then the prenuptial agreement may be invalid.

There are also some logistical problems that can be present in a prenup. For example, if the document has illegal provisions in it, then the contract can be challenged. Also, if the prenup wasn’t signed by both parties prior to the marriage — or if the contract was verbal in nature, instead of written — then the agreement can be appealed.

Last but not least, a prenup can be challenged given the nature of the information in the agreement. False information or incomplete information can lead to a prenup being challenged successfully. Similarly, if the contract is seen as “unconscionable” — in other words, if the contract is simply unfair to one spouse and too favorable to the other — then the prenuptial agreement could be appealed.

Source: FindLaw, “Top 10 Reasons a Premarital Agreement May be Invalid,” Accessed June 18, 2015

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