Blog

Should you dispute the terms of your prenuptial agreement?

| Jun 16, 2020 | Divorce Disputes |

When you walked down the aisle, you never dreamed your marriage would end in divorce at some point in the future. You probably didn’t think a prenuptial agreement was necessary, but your spouse encouraged you to sign. However, if you are now facing divorce, the terms of your prenup matter more than ever, and you may have concerns about what they could mean for your financial future.

If you think the terms are unfair or the circumstances of your signing the agreement were questionable, you may want to dispute your prenup. This can be a contentious process as your spouse will likely not want to give up assets or property willingly. He or she may not be open to negotiating the terms of your divorce settlement. You may find it helpful to learn more about when a prenuptial agreement could be invalid and how you can fight for your interests.

What makes a prenup invalid?

There are various circumstances in which a prenuptial agreement could be invalid. A close look at the situation when you signed the agreement or the specific terms could determine that some or all of the terms are not enforceable. This opens up the opportunity for you to fight for your fair share of marital property and assets. Some reasons why a prenup may be invalid include:

  • You or your spouse did not sign the agreement before the wedding.
  • You did not have time to read and review all of the terms before signing.
  • There was pressure on you to sign the agreement as soon as possible.
  • You did not have time to give all of the terms appropriate consideration.
  • The prenup contains false information, or you received false information at the time of signing.
  • The terms included in the prenup are unconscionable.
  • The prenup includes incomplete information, or the information you received was incomplete.
  • You did not have the opportunity to consult with an attorney before you signed.

Any of these issues could be a reason to challenge your prenup in court. There may also be details not on this list that could be valid reasons to dispute the terms that may determine your financial future. If you are unsure of your options, you may want to speak with a California attorney experienced in divorce litigation regarding the best way to protect your long-term interests.