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When can you challenge a prenuptial agreement?

On Behalf of | Jul 29, 2022 | High Net-Worth Divorce

If you and your spouse are considering a divorce and have an existing prenuptial agreement that you feel puts you in an unfair position, you might be wondering about your options.

There may be situations where you or your spouse decide to contest the terms within the contract. In New York, certain circumstances might allow you to challenge the validity of your agreement, which could result in a judge throwing out the contract.

Signing under duress

You and your spouse must voluntarily agree to and sign your prenuptial agreement for it to be valid. If you endured threats, force, or other undue pressure when signing, you could have a case for challenging the terms during your divorce proceedings.

Failure to disclose

Full disclosure of all current assets is a requirement of your premarital agreement. Both you and your spouse must report information regarding:

  • Income
  • Debts
  • Financial accounts
  • Real estate
  • Stock options
  • Inheritances
  • Trusts

If there is proof that your spouse was not fully transparent about their assets, a judge may determine that the agreement is invalid.

Unfair or inequitable terms

Prenuptial agreements should provide you and your spouse with protection for your assets and way of life if the marriage ends. When the details of your contract leave you or your spouse in a substandard financial situation, a judge may deem the terms of your agreement to be grossly unfair, one-sided, or punitive and refuse to enforce it.

Premarital agreements protect you and your spouse from unforeseen circumstances that might affect your marriage, but any agreement must have equitable terms and demonstrate good faith to avoid potential challenges during your divorce.

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