Family Law Blog
On behalf of Law Offices of Barry I. Finkel, P.A. posted in Prenuptial Agreements on Sunday, December 6, 2015.
Making it three in a row on prenuptial agreements, today's post will be looking at the possibility of challenging a prenuptial agreement. Now, that concept may seem like a fever dream. "You can't challenge a prenup," you may think to yourself. "Those contracts are solid as a rock. No judge will ever overturn them."
In actuality, though, prenuptial agreements are just as vulnerable to a legal challenge as any other legal document or contract. If they are not drafted properly, then the contract can easily be thrown out or changed by a judge. So when it comes to prenups, what do you need to know about the potential cracks in the supposedly "ironclad" prenuptial agreement?
The first thing to know is that however you may eventually draft your prenuptial agreement, make sure it is fair and balanced (as fair and balanced as it can be). If it isn't, a judge will deem the prenup "unconscionable." This means that the prenup obviously favors one spouse over the other and, as such, it has no legal standing in it's current form.
Aside from unconscionability, you should avoid these factors when drawing up a prenuptial agreement:
- You need to fully consider the document, so what this means for "actions to avoid" is that you shouldn't pressure your soon-to-be-spouse into signing. You should give them enough time to think through the prenup.
- The document can't have illegal provisions or be fraudulent in any way.
- You should sign the document under the supervision of independent counsel.
Source: FindLaw, "Top 10 Reasons a Premarital Agreement May be Invalid," Accessed Dec. 4, 2015
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