How a prenuptial agreement can be challenged in a divorce

Before you and your spouse walked down the aisle, did the two of you sign a prenuptial agreement? If you did, you likely think that your future is secure just in case a divorce is in the cards. However, there are actually plenty of ways in which that prenup you signed could be considered invalid, thus opening the document up to a legal challenge. This is not the way prenups are often portrayed. They are usually seen as perfect legal contracts that could withstand any legal challenge.

But to the contrary, prenups can be taken down if they are not properly drafted, edited and compliant with the law.

Here are a few ways in which a prenup can be found invalid:

  • If you include false information, or illegal or invalid provisions. Even though a prenup does have a lot of freedom to cover many aspects of the marital relationship, there are some things that it can’t cover, such as child custody.
  • If distress or pressure was involved in the signing of the prenup. Each spouse must have time to consider the prenup, so make sure you and your loved one have thorough discussions about the prenup well before you get married.
  • If it was not written down, or if the scope of the contract is “unconscionable.” It may seem obvious, but it must be said: your prenup must be a legal, written contract. A verbal agreement does not count. Also, if your prenuptial agreement is very unfair — or “unconscionable” — then it will likely be struck down.