How to Contest a Prenuptial Agreement

A prenuptial agreement is a legally binding agreement between the parties involved in a marriage or a civil union. While the specific details of a prenuptial agreement can differ greatly between couples, the basic principles are the same. Prenuptial agreements commonly dictate how property, money or other financial assets will be divided in the unfortunate event of a divorce. While prenuptial agreements are a means to prevent legal disputes in the future, there are ways to contest the specific content of such an agreement. There are even ways in which you can invalidate an entire prenuptial agreement.

Instructions

1. Contest a verbal prenuptial agreement on the grounds that the conversation wasn't an official, legally binding agreement. Not every state mandates that prenuptial agreements be in writing, leaving the door open for plenty of easy legal challenges. A prenuptial agreement without clear signatures from both parties can be contested easily.

2. Argue that the prenuptial agreement did not include a full and complete disclosure of both party's assets or debts prior to being signed. The courts may consider the entire premarital contract to be the product of fraud, thereby invalidating it in its entirety.

3. Argue that you weren't given appropriate time to consider the full legal implications of the prenuptial agreement before signing it. If your spouse bullied you into signing a prenuptial without allowing time to seek an independent legal review of the contract, the entire prenuptial agreement can be ruled invalid on the grounds of fraud.

4. Contest the prenuptial agreement's validity by claiming you were pressured into signing it. A decision made under force or psychological duress, even in the event that a signed contract exists, can be thrown out by the courts. For a prenuptial agreement to be valid, it must be signed voluntarily.

5. Make a case that some aspect of the prenuptial agreement violates public policy. Even if you've agreed to the terms and conditions of the agreement, if the specific language conflicts with any established federal or state laws, you can have the entire contract thrown out.

Tips & Warnings

• While prenuptial agreements in the United States can define rules for the division of money or property, they cannot dictate any rules relating to the care of children. Issues such as child support, visitation or parental custody will be decided by a judge during divorce proceedings.

• While individual state laws for prenuptial agreements may vary, an increasing number of states are adopting what's known as the Uniform Premarital Agreement Act (UPAA) to ensure that prenuptial disputes across state lines are privy to the same legal protections.

• A court can choose to invalidate a single aspect of a prenuptial agreement. In a 2007 case in New Jersey, the courts ruled that a wife was entitled to a greater share of her husband's savings because she couldn't have known her husband would have as much savings in his account when the contract was created prior to their marriage.