
Prenuptial agreements are legally binding and enforceable, but they can be challenged in court under certain circumstances. If you are going through a divorce or separation and want to learn more about your legal rights and options during the process it is important that you obtain legal advice from a skilled professional. Contact a Sparta divorce attorney to discuss your situation today.
What is a Prenuptial Agreement?
A prenuptial agreement is a legal document that two individuals in a relationship can sign before getting legally married to each other. The document is a contract outlining the terms of the marriage and details how their assets and debts will be handled if the marriage ends in a divorce or separation.
While many assume that prenups are reserved for the uber-wealthy, any couple may choose to sign a premarital agreement regardless of their net worth. These contracts can clarify the financial rights of either spouse, describe who is responsible for debts, ensure children from previous marriages are taken care of, etc.
Are Prenups Legally Enforceable?
Yes, prenuptial agreements are legally enforceable given that they meet all requirements. In New Jersey, the prenup must be in writing and signed willfully by both parties. Both spouses must have fully disclosed all of their assets, obtained legal representation, and entered into the agreement voluntarily. The prenup must also be notarized to be considered valid and enforceable.
However, even if the prenup meets all of these requirements and is considered enforceable, it does not mean that every aspect of the contract is foolproof.
Can a Prenuptial Agreement Be Challenged in Court?
Yes, there are certain instances where a prenuptial agreement can be challenged in court.
- Lack of full disclosure: If both spouses did not disclose all assets and debts the agreement may be deemed invalid. Full disclosure is a requirement of a prenup.
- Coercion: You may argue that you were forced to sign the document under duress or that you were coerced to agree.
- Gross unfairness: If the contract is deemed grossly unfair, as in one spouse is left with nothing, a court may consider it unconscionable and refuse to enforce any clauses that leave the spouse in financial ruin.
- Nonfinancial topics: Prenuptial agreements are only meant to protect the finances of either spouse. Nonfinancial issues may be thrown out. For example, a prenup cannot legally enforce custody of a shared child, that decision must be approved by a court.
- Changes in circumstances: Your prenup may be considered valid when you sign it and still be challenged in court if your circumstances have significantly changed since the document was signed.
If you feel like your prenuptial agreement is unfair or invalid you can challenge it during your separation or divorce. Work with a skilled attorney for legal representation and advice.