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. Work with a skilled Bergen County divorce lawyer to learn more about your rights and options.

prenuptial agreement with rings and a pen

Can a Prenuptial Agreement Be Challenged in Court?

Yes, a prenuptial agreement can be challenged in court. 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.

When is a Prenuptial Agreement Invalid?

You may decide to challenge the validity of your prenuptial agreement for many reasons, but you 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.

  1. 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.
  2. 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.
  3. 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.
  4. Insufficient time to review: An important aspect of a valid prenuptial agreement 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.