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How and why a prenup can be invalidated

Validating prenuptial and postnupital agreements might seem like an odd concept to some people because they been told a myth about these contracts: that they can't be changed or legally challenged. This was an early misconception of prenups, as well as the thought that these contracts were "anti-love."

To the contrary, prenups can be very helpful to couples who are about to get married, and they can be legally challenged after the fact for a number of reasons. So how do you challenge a prenuptial agreement and what are the grounds for such a challenge?

There are three main reasons why a prenup would be challenged:

  • If you weren't given enough time to consider the prenup. This could happen if your spouse rushed you to sign the contract, or if you weren't given enough time in the first place to read over every provision and detail in the contract, and then consider the ramifications of those provisions and details.
  • If the provisions or information contained within the prenup are illegal. This could be due to illegal information being discussed or if the provisions themselves are not allowed to be in the prenup (child custody is an example).
  • If the prenup is not "fair." This point can be contentious, but a prenup does have to be "conscionable," which basically means that if the prenup favors one spouse too much, it can ultimately be deemed "unconscionable." In such a case, part or all of the prenup could be invalidated by a legal challenge.

Source: FindLaw, "Top 10 Reasons a Premarital Agreement May be Invalid," Accessed Dec. 28, 2017

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