Going through a divorce is an incredibly emotional and overwhelming time for many. However, these matters can become even more difficult when you have reason to believe the prenuptial agreement you created is no longer valid. Unfortunately, these matters can be incredibly complicated, which is why it’s critical to work with a Long Island prenuptial agreement lawyer to explore your legal options. The following blog explores the grounds on which you can challenge a prenuptial agreement.
What Is a Prenup?
A prenuptial agreement, also referred to simply as a prenup, is a legal document that a couple creates before they are legally married. This document details what will happen to their property in the event they should file for divorce.
Unfortunately, there are many misconceptions regarding this document, as many believe discussing divorce before you are even legally married is a sign your marriage is bound to fail. However, this is far from the truth, as you’ll find that discussing these matters ahead of time can help save time and money in the event of a divorce, allows both parties to protect their separate property, and helps ensure full disclosure regarding the financial standings of each party before they are married.
On What Grounds Can I Challenge a Prenuptial Agreement?
It’s important to understand that challenging a prenuptial agreement can be incredibly difficult due to the nature of these documents. However, you should understand the grounds on which you can challenge a prenup to determine the best option if you have reason to believe yours is invalid.
One of the most common reasons you may want to contest the validity of the document is that you were under duress at the time of signing. If you were threatened, manipulated, or forced to sign the document for any reason, it can invalidate the document. This is also the case if you were not given enough time to review the terms and conditions of the document before signing. Unfortunately, it can be difficult to prove duress, which is why working with a lawyer is critical.
In some instances, the court may determine that the terms and conditions of the document are unfair or entirely beneficial for one side while putting the other in a poor financial position. If this is the case, the court may deem the document unconscionable
Finally, if you discover that your spouse lied about their assets, such as hiding certain bank accounts or misrepresenting their income, this can invalidate the entire document, as full financial disclosure is required when creating a prenup.
As you can see, navigating a divorce in which you wish to challenge a prenup can be an incredibly complex matter. That’s why working with an experienced divorce attorney with Barrows Levy is critical during these difficult times. We will examine your circumstances to determine the best course of action for your circumstances. Contact us today to learn how we can fight for you.
