Prenuptial agreements are important documents that can greatly benefit both parties in a marriage and help to avoid conflict and disputes in the future. However, like any contract, it requires specific rules and regulations to be considered legal and enforceable. A prenuptial agreement can be challenged in court for various reasons. To learn more, read on and contact a skillful Suffolk County prenuptial agreement lawyer today.
What is a Prenuptial Agreement?
A prenuptial agreement, commonly called a prenup, is a legal contract between two individuals before they get married. The point of the document is to outline how assets and debts will be handled and divided if the marriage ends in divorce, separation, or death.
Can a Prenuptial Agreement Be Challenged in Court?
Yes, it is possible for a prenuptial agreement to be challenged in court. Although prenups are legally binding contracts, New York courts require strict criteria to ensure that the document is enforceable. If there is a valid reason to believe that the prenuptial agreement was created incorrectly or is unfair, it can be challenged in court.
What Are Some Valid Reasons to Challenge a Prenup?
Some reasons that you may be able to challenge a prenup in court include the following.
- Oral agreement: New York courts do not accept oral prenuptial agreements. There must be a written document signed and notarized for a marital contract to be considered valid.
- Lack of full disclosure: A common reason you can challenge a prenup is if there was a lack of full disclosure, meaning that one party did not completely disclose their financial situation before signing the agreement. They may have been hiding assets or debts for their own personal gain.
- Coercion or influence: Prenuptial agreements must be entered into voluntarily by both parties. If one spouse was coerced or pressured into signing, it can be challenged. A spouse may sign the contract under duress if they are being threatened or manipulated in any way, whether it is from their spouse or another individual.
- Unfairness: If the terms of the agreement are grossly unfair, the document may be challenged. Courts strive to ensure that a divorce does not financially devastate one spouse over the other. If the agreement significantly favors one spouse and leaves the other at a disadvantage, it can be challenged.
- Change of circumstances: In some situations, the validity of your prenup can be challenged due to the personal circumstances surrounding your marriage. If either of your financial situations has changed drastically since signing the agreement, the terms may no longer be fair. You may have the grounds to modify the document to meet your new circumstances.
If any of the above applies to you and your relationship, you may have grounds to challenge the validity of your prenup. Reach out to an experienced attorney at Peter V. Mandi & Associates, LLC to discuss your options today.
