Over the last month or so, we’ve talked about prenuptial agreements and their impact on a marriage and divorce. Just about a week and a half ago, we talked about prenups in the context of a high asset divorce. Now let’s talk about the viability of prenuptial agreements and the way in which someone could challenge a prenuptial agreement, a premise that many people may think is impossible.
Many years ago when prenups were far rarer, there was this perception that prenuptial agreements were ironclad documents that simply could not be overturned or appealed. The document was what it was, and you were locked in to whatever language it contained. However, this perception is far from the reality.
Prenuptial agreements can be challenged or appealed just like any other contract. For example, if you were placed under duress to sign the prenuptial agreement in the immediate buildup to your wedding, it could be determined that it was signed under fraudulent circumstances. Another way that “fraud” can make it into a prenuptial agreement appeal is if the other spouse failed to disclose, or purposely failed to disclose, certain assets or property that should have been included in the contract.
Spouses could also challenge their prenup if it is unduly harsh on them. In other words, if the prenuptial agreement contains provisions and actions that are far more extreme than what a judge or court would likely do during property and asset division, then a judge could rule that the prenup is unfair and adjust the way certain issues are handled in the divorce.
Divorce cases can be very emotional and stressful, and legal representation is important to have during your proceedings. The attorneys at The Office of Laura Gillis treat every family law case with the caring, personal attention that a family deserves. Contact us today by calling (602) 277-4736 in Phoenix.