Prenuptial agreements are marital contracts. They detail terms set by the spouses before they solemnize their relationship regarding the division of their property and the need for financial support in the event of a divorce.
Prenuptial agreements can streamline the divorce process, allowing spouses to end marriages relatively quickly and with minimal conflict. However, in some cases, they can also lead to increased conflict, especially if one spouse asserts that the agreement is invalid for some reason.
What happens when one spouse claims that a prenuptial agreement should not dictate the terms of their divorce?
Judicial review is likely necessary
People cannot contest the validity of a prenuptial agreement solely because they are unhappy with the terms of the document. They must have a valid legal justification for contesting the contract they previously signed.
Typically, the grounds for contesting a prenuptial agreement may include signing under duress, signing without legal representation, being unaware of the terms included in the agreement or an unconscionable contract. The burden of proof in such cases is on the spouse alleging that the contract is invalid.
The other spouse attempting to defend the agreement and pursue a simplified uncontested divorce may need legal assistance reviewing the prenuptial agreement to determine the likelihood of the courts upholding it. They may also need assistance presenting their case in court to ensure that a judge understands their perspective on the issue.
Concerned spouses may need guidance as soon as they learn that a prenuptial challenge is likely to complicate an upcoming divorce. Defending a prenuptial agreement can be a complicated legal process, and experienced legal support is often of the utmost importance accordingly.