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Can a Prenuptial Agreement Be Challenged in Court?
With all the excitement and happiness surrounding a marriage, it may seem strange to consider how your assets will be handled in the event of divorce. However, the future is uncertain. As such, it’s crucial to consider establishing a prenuptial agreement to protect your interests. If you do decide to establish a prenuptial agreement, you must review the contract in the event of a divorce as there may be issues that impact the validity of the document. If you discover any problems with the contract, you can challenge the prenuptial agreement in court. Please continue reading to learn the grounds that warrant raising these concerns in court and how a knowledgeable Ocean County Prenuptial Agreement Attorney can guide you through these complex matters.
What is a Prenuptial Agreement?
A prenuptial agreement, also known as a prenup or premarital agreement, is a legally binding contract that a couple signs before entering a marriage, which dictates how their assets and property will be divided if they divorce. Generally, they are used to safeguard each party’s financial interests. With this document, each spouse can ensure their personal property remains theirs, as opposed to being divided through equitable distribution.
It’s important to note that New Jersey is an equitable distribution state, meaning each spouse’s financial and domestic contributions to the marriage determine the amount of joint assets each party is entitled to. The court will divide marital assets fairly, though not necessarily equally like in community property states. When a couple creates a prenuptial agreement they can dictate how alimony or spousal support will be handled, including whether they waive their rights to this financial support.
Why Would I Need to Challenge This Agreement?
While prenuptial agreements can offer significant benefits, several grounds can justify invalidating the agreement. If you are getting divorced, you may stumble upon mistakes or issues with your prenup that can impact the outcome of how your property is divided in court. If this is the case, you can challenge the validity of the prenuptial agreement.
For starters, prenuptial agreements require each spouse to fully disclose their finances, assets, liabilities, and property to ensure the contract is fair. If you discover your spouse has concealed assets or failed to be honest about the extent of their debt, you can dispute the validity of the agreement. If your spouse is hiding assets it can lead to an unfair distribution of assets and create financial hardship for one party.
Another reason you may need to challenge the validity of a prenuptial agreement is if you signed the agreement under duress or if one party was misrepresented. Duress required proof that your spouse threatened or coerced you to sign and you would not have signed if you weren’t forced into doing so. Although coercion can be difficult to prove, if you were manipulated into signing the document, the terms can be challenged in court.
While it can be difficult to invalidate a prenup, it can be achieved if you can show circumstances like those discussed above that would make a prenuptial agreement patently unfair to enforce. At the Law Offices of Sarina Gianna, LLC, we are prepared to examine your circumstances to determine the best course of action for your needs. Connect with our firm today to discuss your case.