Contrary to popular belief, prenuptial agreements offer significant benefits even if you aren’t wealthy. Like any contract, however, this document has to be carefully executed to ensure it’s enforceable. In the event of a divorce, you must review this document. If you find something in the agreement that could impact the document’s validity, you may be able to challenge the prenuptial agreement in court. Please continue reading to learn when you may need to raise concerns in court and how a knowledgeable Nassau County Prenuptial Agreement Lawyer can help protect your interests. 

What is a Prenuptial Agreement?

A prenuptial agreement, also known as a prenup or premarital agreement, is a legally binding contract that a couple executes before marriage, specifying how their assets, debts, and spousal support payments will be handled in the event of divorce or death. This legal document is intended to safeguard each party’s financial interests and outline the terms of property division and alimony to simplify the divorce process. However, any terms regarding child custody, support, or visitation may not be outlined in this document as these issues must be handled at the time of the divorce.

Why Would You Need to Challenge a Prenuptial Agreement?

As mentioned above, if you are considering divorce, reviewing any prenuptial agreement you have in place is essential. You may need to challenge the validity of a prenuptial agreement in court for several reasons. For starters, you can contest your contract if you were forced to sign the document. Coercion is not acceptable. This legal document must be entered into voluntarily. Prenuptial agreements that are too one-sided could be overruled, especially if they will create financial hardship.

Another reason you may want to dispute your agreement in court is if you discover your spouse is concealing assets. When you establish a prenuptial agreement, you and your spouse must disclose all assets, liabilities, sources of income, and any other factors that are likely to create a shift in financial position. This is done to ensure the agreement is fair before any binding decisions are made. If you discover your spouse is hiding assets, it can impact the validity of the agreement.

Furthermore, if it includes illegal clauses regarding child support, child custody, or alimony, you can challenge the validity of the agreement. This is because it’s up to the court to determine if you divorce. If you make mistakes while creating this document it can leave you in limbo.

It’s important to familiarize yourself with the grounds that can justify invalidating a prenuptial agreement. A seasoned Nassau County prenuptial agreement lawyer can help review your document and advise you on how it will affect your divorce. Connect with our firm today to learn how we can guide you through these matters and determine the best course of action for your needs.