When you and your spouse married, you may not have thought twice before signing a prenuptial agreement. However, if you’re currently in the midst of a divorce, you may review the document and find a reason to challenge the terms and conditions. If this is the case, it’s important to understand the legal grounds on which you may challenge a prenuptial agreement. The following blog explores what you should know about these matters, including the importance of working with St. Louis prenuptial agreement lawyers to discuss your legal options in these matters.
What Is a Prenup?
A prenuptial agreement, also commonly shortened to a prenup, is a document a couple signs before they are legally married that details what will happen to their property in the event they should divorce. Though many assume that creating a prenup is an admission that both parties assume they will divorce, this is far from the truth. In reality, it allows each spouse to protect their individual assets by establishing what property will remain separate. Additionally, this allows both parties to achieve peace of mind that they can be financially secure in the event of a divorce.
In addition to outlining what will happen to property, the couple can also dictate how they wish to split marital assets, handle shared debts, and what will happen to businesses. Similarly, you can outline terms and conditions related to matters like alimony.
You should note that you cannot decide on matters regarding child custody or child support in a prenuptial agreement. This is because the court reserves the right to decide what is in the best interest of the child, and establishing these matters ahead of time may not reflect what is best for the child at the time of the divorce.
On What Grounds Can I Challenge a Prenuptial Agreement?
It’s important to understand that if you have reason to believe the prenuptial agreement should not be honored during your divorce, you must have grounds to challenge its validity. You cannot simply challenge a prenup because you no longer like the terms and conditions of the agreement.
For example, if you are threatened or forced into signing the agreement, you may be able to challenge it on the ground that you were under duress at the time of signing. For a prenup to be enforceable, it must be entered willingly and fairly. If you were forced to sign or not given enough time to review the document before being made to sign, the court may find it unenforceable.
Another reason you may want to challenge the document is that you have reason to believe your spouse was not fully transparent when issuing the decision. This means your spouse did not abide by the full disclosure rule to ensure you were both fully aware of each other’s assets and liabilities. As such, this can result in the court overruling the document.
Similarly, if the prenuptial agreement is entirely one-sided or leaves one party in financial distress, the court can deem it unconscionable, as these agreements must be fair to both parties.
As you can see, fighting to have a prenup overturned can be incredibly difficult. That’s why it’s in your best interest to work with an experienced family law attorney with the Stobie Family Law Group. Our team will examine your circumstances to help you fight for the best possible outcome. Contact us today to learn how we can fight for you.
