When you and your spouse get married, you may feel as though a prenuptial agreement is in your best interest. As such, if you’ve created this document, you may not think about it again until you and your spouse make the decision to file for divorce. However, upon reviewing the document, you find issues in the terms and conditions that can impact the outcome of your divorce. As such, it’s imperative to understand if you can challenge prenuptial agreements, and if so, on what grounds. The following blog explores what you should know about these complicated matters, including the importance of working with Long Island prenuptial agreement lawyers.
What Are Prenuptial Agreements?
Prenuptial agreements are documents signed by some couples before they are legally married that detail what will happen to their property in the event of a divorce. In addition to defining joint and marital property, a prenup can also determine matters like alimony, how to handle any inheritances obtained during the marriage, and life insurance policies. Generally, however, this is used to establish property rights for each individual to ensure spouses can keep their property separate.
Though many assume that a prenuptial agreement is a sign that a marriage will fail, this is far from the truth. In reality, you’ll find that many couples who have these sensitive and often uncomfortable conversations before their marriage may come out stronger, as they are both on the same page regarding their finances. Also, having a clearer understanding of what your finances would look like in the event of a divorce can help offer peace of mind.
What Should I Do if I Want to Contest Mine?
First and foremost, it’s imperative to understand that if you wish to challenge a prenup, you must have legal grounds to do so. Because this is a legally enforceable document, you cannot simply contest the terms and conditions because you are unhappy with or don’t like them. As such, you must have a valid legal reason to contest the validity of the document, and even so, the court must agree with your challenge.
One of the most common reasons that someone may contest the enforcement of a prenuptial agreement is because of fraud. In order for these agreements to be valid, both parties must fully disclose all assets and liabilities. If you have reason to believe your spouse misrepresented their assets or purposely concealed property, this can warrant revoking the document.
Additionally, though it can be hard to prove, you may be able to show that you only signed the document because you were under duress or coerced. In order for a prenup to be valid and legally enforceable, it must be entered into willingly by both parties. If you can show that you were forced into signing it, the court may reject the document.
If you want to contest the validity of your prenuptial agreement, working with an experienced attorney from the Sklavos Law Firm is in your best interest. Our team understands how difficult these circumstances can be, which is why we are committed to helping you through these difficult times. We will explore all legal options to help fight for the best possible outcome for your circumstances. Contact us today to learn more.