How to Argue Against a Prenuptial Agreement

When properly drafted by an experienced attorney, a prenuptial agreement should be fair and reasonable to both parties and should be legally binding. A prenuptial agreement that has been hastily put together, or has been designed to provide an unfair advantage for one party over the other, can usually be overturned in court or even summarily rejected.

Instructions

Difficulty: Moderate

Avoid Signing a Prenuptial Agreement

1. Argue against any prenuptial agreement that has been presented under duress or shortly before the wedding is to take place. A legally binding prenup should be presented in a timely manner, well before the plans for the wedding commence. If your partner springs a prenup on you at the last minute, he may have something to hide, or he may hope that you will comply because there isn't sufficient time to argue against it.
2. Refuse to sign any prenuptial agreement that has been drafted solely to protect one of the parties. A fair, legal prenuptial agreement is designed to protect both parties equally and does not provide a legal advantage to just one side.
3. Do not sign a prenuptial agreement that attempts to address such issues as child support, custody or alimony payments. None of the 50 states will recognize such provisions, and the entire document will be easily overturned in a family or divorce court.
4. Avoid signing a prenuptial agreement unless you are able to hire an independent lawyer to review the document first. Not only will this ensure that the document is fair and gives you equal rights under the law, but a prenuptial agreement will be more legally binding if two separate lawyers agree in advance that is acceptable for both parties.
5. Stay away from any prenuptial agreement that attempts to place conditions on the marriage, as opposed to addressing specific monetary amounts. For instance, a prenuptial agreement that states that one of the partners can leave the marriage without financial obligation if the other partner alters her appearance will never be legally binding, and you can easily argue against it.
6. Walk away from any prenuptial agreement that does not seem fair or advantageous to you. While you should approach the document with an open mind, you should avoid signing any document if it makes you feel that you are relinquishing your legal rights.

Tips & Warnings

• A prenuptial agreement may also be known as an antenuptial agreement. Both terms refer to a contract signed by both members of a marital union to distribute assets and liabilities upon divorce or death.