For many divorcing couples, prenuptial agreements are helpful. The terms that they set when their relationship was in a better place can guide the divorce process and limit the issues the spouses must settle to pursue an uncontested divorce. Occasionally, prenuptial agreements can create conflict between divorcing spouses. One spouse may insist that the agreement is invalid.
What types of situations may lead to conflicts surrounding a marital contract during a divorce?
When a spouse didn’t understand the contract
People sometimes claim that they failed to understand the terms included in prenuptial agreements. Such allegations can raise questions about the validity of the contract, especially if the person making the claim did not have their own legal representation. Those who did not have a lawyer review a prenuptial agreement before they signed it could potentially dispute the validity of the contract.
When they had no option
Some people truly feel as though they have no choice but to sign a prenuptial agreement. Perhaps they had already invested heavily in the relationship, and their fiancé refused to move forward with the marriage unless they signed a very one-sided prenuptial agreement. Pregnancy and the possibility of being a single mother could also constitute duress that undermines the ability to give consent freely.
When the agreement is unconscionable
People may sometimes assert that a prenuptial agreement is invalid because it is unfair. If the agreement primarily contains terms that protect one spouse at the expense of the other, the courts may agree that the contract is unconscionable and may therefore be unenforceable.
Conflicts about prenuptial agreements are common, but a situation must meet certain standards for the courts to set aside a marital contract. Reviewing a prenuptial agreement and the dispute surrounding it with a skilled legal team can help spouses understand what to expect during a divorce.