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Can You Challenge A Prenup?

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Divorce Matters, Prenup, Happy Couple, Divorce, Denver CO Divorce AttorneyAn ironclad prenup is the best way for a person to preserve their assets following divorce. While prenups are generally a good idea, there are plenty of ways for someone to end up with one that is unsatisfactory or unfair.

Prenups have to be done a certain way to be valid. You may have grounds to contest the terms of a prenup if any of the following are true:

  • If the terms of the prenup are “unconscionable,” then the prenup cannot be enforced. What does unconscionable mean? Basically, if the prenup is excessively unfair to one party and will leave that party destitute upon divorce, generally, the court will not enforce it.
  • If you are coerced into signing a prenup, whether by your spouse-to-be or even an attorney, you could have the prenup thrown out.
  • If the prenup contains invalid provisions, or terms that violate other laws, the prenup can be thrown out, although it is also possible for the court to strike the invalid pieces and enforce the rest of the prenup’s terms.
  • If you are rushed into signing a prenup, the prenup may be unable to be enforced. In many ways, rushing a prenup is akin to coercion.
  • If you have not read the prenup (if your spouse includes it in a stack of papers, for example, and asks you to sign them quickly) then it is possible to have the prenup nullified.
  • If one spouse lies or fails to provide complete information about income, assets and debts, it is possible to throw out the prenup.

Prenups are a very valuable tool for marrying couples, but they are not infallible. As with all matters relating to property and family law, you should speak to a family law attorney about the terms of your prenup.