Can I fight an unfair prenuptial agreement? Many people are entering into prenuptial agreements before they wed. However, in some instances the agreement may not seem fair. If you are about to go through a divorce where there is a signed prenuptial agreement you may wonder, can I fight an unfair prenuptial agreement? In some situations, it is possible to fight a prenuptial agreement. However, it will generally only be successful in circumstances where there is a legal problem with the agreement.

A Prenup is a Contract

Although it is called a prenup, this is actually a type of contract. Contracts must be made in accordance with current laws and need to be executed properly. As with any contract, there must be a “meeting of the minds” in order to have a binding contract.   This means that both parties have to be informed about the contract and intend to be bound by its terms.  This triggers required financial and other disclosures prior to the execution of an agreement.

Improper Execution of the Agreement

In certain circumstances, the prenup agreement may not have been properly executed. Some examples of improper execution include failure to sign the document or signing the document under duress. However, there could be other problems with the contract. Have the prenup reviewed by a qualified divorce attorney to determine whether the contract is binding. It is important to note that duress is not simply being upset while you are signing something. You must have been forced to sign the document against your wishes or under circumstances that show that you could not have been operating with your own free will.

Loopholes

Sometimes a contract such as a prenuptial agreement may have a loophole. There could be one or more issues that were not addressed or were inadequately covered in the document or matters that were inadequately disclosed prior to execution. These issues may be areas that your attorney could target in fighting a prenup agreement. For example, a business that is owned by one spouse could become cause for review if it is not discussed in a prenuptial agreement.

Divorce After a Prenup

When a prenup is in place and it now appears that a legal separation or divorce will occur, it is crucial to seek the advice of a skilled family law attorney to discuss your rights and responsibilities under the agreement. Contesting a prenuptial agreement is difficult litigation and should not be done without the advice of a knowledgeable attorney.

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding An Unfair Prenuptial Agreement, or other family law issues, please feel free to contact Jonathan D. Brooks at 480.461.5300, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.