Prenuptial agreements can be beneficial for both spouses in a marriage. However, depending on the terms and the details of the relationship, there is a chance that the document was created improperly or unfairly. Depending on the specifics of the situation, a prenuptial agreement can be challenged in court. Work with a prenuptial agreement attorney in Mountainside for more information and skilled representation.
What is a Prenuptial Agreement?
A prenuptial agreement, commonly known as a prenup, is a legally binding contract between two individuals before they get married. The contract generally outlines the division of assets, debts, and other financial topics in the event that the marriage ends in divorce, separation, or death.
Can a Prenuptial Agreement Be Challenged in Court?
While prenuptial agreements are used to protect both parties and provide clarity for what will happen if the marriage ends, they can be challenged in court under certain circumstances. Keep in mind that prenups are typically honored by courts, but if there is a genuine reason to invalidate one it can be done.
Some common grounds for challenging a prenuptial agreement can include the following.
- Duress: One of the main reasons a prenuptial agreement may be deemed unenforceable in court is if one party was coerced or forced into signing. The prenuptial agreement must be entered into voluntarily. If there is evidence that one spouse was pressured into signing the prenup under duress or undue influence, the court may find the agreement invalid.
- Fraud: If one party was misled or deceived about the terms of the agreement it could be considered fraudulent. In New Jersey, for a prenup to be considered valid both parties must have full disclosure of all assets and liabilities. If one spouse hid information and did not include certain property or debts in the prenup it could be challenged.
- Fairness: The prenuptial agreement must also be fair to both parties. A court may find a prenup unenforceable if it is determined that the contract is grossly unfair or one-sided. The document cannot leave one party in an unreasonable or significantly disadvantaged position.
- Legal requirements: In New Jersey, a prenuptial agreement must meet certain legal criteria and formalities to be considered valid. The contract must be in writing, signed by both parties, entered into voluntarily, be notarized, etc. If any legal formalities were skipped or overlooked the document could be challenged in court.
- Insufficient time: A court may deem the prenup unenforceable if it is determined that one party was not given sufficient time to review the document. If the contract was presented to them on the wedding day or in the days leading up to it, they likely did not have adequate time to obtain legal counsel and review the terms fully.
New Jersey state law has many requirements that ensure prenuptial agreements are fair for both parties. If any criteria are skipped or the contract is unfairly skewed toward one spouse, the document could be challenged and deemed unenforceable. Contact a skilled attorney for legal advice today.
