Reasons Your Prenuptial Agreement Might Get Thrown Out
Engaged couples decide to sign prenuptial agreements for many reasons, including significant financial disparity, children from outside of the marriage, business interests, expected inheritance, and more. While many people may think a prenuptial agreement is unromantic, these agreements can prove extremely practical and effective in protecting your rights and interests in the event of a divorce. However, too many people sign prenuptial agreements and later learn during a divorce that some or all of the terms are unenforceable under Connecticut law.
Challenging A Prenuptial Agreement
If you are getting a divorce and you have a prenuptial agreement, your divorce attorney should carefully review the agreement and discuss the circumstances under which you signed. If any terms are unfair and harmful to you, your attorney may request that the court throw out those terms for certain reasons. On the other hand, your spouse may request the same regarding any provisions that are unfavorable to him or her.
As with any legally binding contract, both parties should fully understand the terms of the agreement and the implications of those terms. Both parties should agree voluntarily and freely, and the provisions should not heavily favor one party over the other. The following are some reasons why a court may invalidate your prenuptial agreement:
- You do not have a formal written agreement that both parties signed.
- You felt pressure by your spouse, his or her family, or their attorney to sign the agreement. This can include threatening to cancel a wedding the day before if you did not agree to sign.
- You did not have the opportunity to fully read and understand the terms of the agreement. If your spouse suddenly hands you an agreement right before the wedding and you had no time to consult an attorney, the court may not enforce the agreement.
- The agreement included certain provisions that the law does not allow, such as limiting child support payments. In this case, a court can strike that particular provision and can uphold the rest if appropriate.
- Your spouse did not provide full and honest disclosure about his or her finances before signing the agreement. Contracts signed based on false or incomplete information are invalid.
- Your spouse had you consult with his or her attorney regarding the prenuptial agreement and did not allow you to seek independent legal counsel.
- The terms of the agreement are unconscionable, which means they are grossly unfair to one party. While you can agree to give up the right to certain property, alimony, or inheritance from your spouse, the terms of a prenuptial agreement cannot leave one spouse facing severe hardship while the other greatly prospers.
Consult Our Stamford Family Law And Divorce Lawyers Today
At the LAW OFFICES OF PIAZZA & SIMMONS, LLC, we can identify an unenforceable prenuptial agreement, and our divorce attorneys can fight for your rights. We can also help draft a fair and valid prenuptial agreement before your marriage. Call 203-936-6772 or contact us online to schedule your free initial consultation.