A prenuptial agreement is a contract made between two people before they get married to determine how financial assets and responsibilities will be handled if the marriage ends in a divorce, separation, or death. It is possible for a prenuptial agreement to be challenged in court under certain circumstances, like lack of disclosure, coercion, or procedural defects. In New Jersey, prenuptial agreements are governed by the Uniform Premarital and Pre-Civil Union Agreement Act, which establishes legal requirements for enforceability and the circumstances under which an agreement can be challenged. As such, courts generally uphold valid agreements, so successfully challenging a prenuptial agreement requires strong evidence. Work with a skilled Bergen County divorce lawyer to learn more about your rights and options.
Can a Prenuptial Agreement Be Challenged in Court?
Yes, a prenuptial agreement can be challenged in court in accordance with the Uniform Premarital and Pre-Civil Union Agreement Act. If you and your spouse decide to get divorced, any documentation related to your marriage must come under review. When you sign a prenuptial agreement, you formally agree to the terms and conditions of the contract. However, if circumstances change or the document was not drafted properly or fairly, it is possible to challenge the validity of the agreement in court and have all or portions of the terms be deemed unenforceable.
Key Situations Where a Prenup May Be Challenged
- The agreement was signed without full financial disclosure by both parties
- One party was pressured, coerced, or under duress at the time the agreement was signed
- The legal formalities required for a prenup to be considered valid were not followed
- One party did not have adequate time to review the agreement
- The agreement is deemed extremely unfair at the time it is enforced (unconscionable)
When Is a Prenuptial Agreement Invalid?
You may decide to challenge the validity of your prenuptial agreement for many reasons, but simply not liking the terms may not be compelling enough for a court to overrule the contract.
However, if you can find a legitimate reason that the agreement is invalid and prove it to the court, you may be able to render the contract unenforceable. Below are some common ways you can challenge the validity of your prenup.
Lack of Full Disclosure
In New Jersey, full disclosure is a requirement of a valid prenup. When drafting the agreement, both parties must be open and honest about all assets and not conceal property from their partner in an attempt to keep assets for themselves. If you can prove a lack of full financial disclosure, a court may deem the prenup unenforceable.
Coercion
In a legally legitimate agreement, both parties must enter into the contract voluntarily and without undue influence from others, especially their partner. If you can prove that you were coerced, pressured, or forced to sign the agreement under duress, it is possible to challenge the prenuptial agreement.
Lack of Legal Procedures
For a prenup to be considered valid in New Jersey, various legal formalities must be followed exactly. Each party must have the opportunity to be advised by individual legal counsel, the agreement must be in writing, and both parties must sign the document and understand the terms. If any legal procedure is neglected, it could be grounds for challenging the validity of the prenup.
Insufficient Time to Review
An important aspect of a valid prenuptial agreement in Bergen County is that both parties are allowed sufficient time to review the document and consider all of the terms before signing or getting married. If your partner asked you to sign the prenup a few days before the wedding, or even on the day of, it presents an unfair timeline. In this case, you are not given enough time to educate yourself on what exactly the terms mean and consider whether or not they are fair to you. If you can prove this in court, you may be able to get the document deemed unenforceable.
Additional Grounds for Challenging a Prenuptial Agreement in New Jersey
Beyond procedural issues, the courts may evaluate whether enforcing the agreement in Bergen County would be fair under certain circumstances.
Unconscionability at the Time of Enforcement
- A prenuptial agreement may be deemed invalid if it is extremely one-sided at the time it is enforced
- The courts will consider whether or not enforcement would have left one party in financial hardship
- Changes in circumstances, like injury, illness, or financial dependence, may be relevant
- Courts will consider whether the agreement was unconscionable both at the time it was signed and when it is enforced, considering factors like financial disclosure and current hardship
Invalid Provisions Under New Jersey Law
- Child custody and support terms cannot be included in a prenuptial agreement
- Courts determine all child-related issues at the time of the divorce based on the best interests of the child
- Illegal or against-public-policy provisions are unenforceable
- Some lifestyle provisions may not hold up in court
Contact an Experienced Bergen County Divorce Attorney
If you are going through a divorce and wish to challenge a prenuptial agreement, or you are looking to create a legally sound prenuptial agreement, it is in your best interest to connect with an experienced attorney with Feitlin, Youngman, Karas, & Gerson, LLC. Our team understands how difficult these matters can be to navigate on your own, which is why we will do everything in our power to help you through these times. Contact us today to learn more.
