Prenuptial agreements enable people to protect their assets from their spouse in the case of a divorce. This can be especially important for people who enter marriage with significantly large assets. However, not all prenuptial agreements are valid. A prenup must follow certain rules, otherwise it may not be legally binding.
If you are going through a divorce and wish to challenge a prenuptial agreement, you should consider the following factors:
- Is it in writing? All prenuptial agreements must be in writing. Verbal contracts are invalid.
- Was it signed after the wedding? The prenuptial agreement must be signed by both parties before the wedding. Agreements signed after the wedding will not hold up in court.
- Was it signed after receiving insufficient information? If your spouse provided you with insufficient or false information about his or her finances, then the prenup can be contested.
- Was appropriate time given to consider the prenup? Each spouse has the right to review and consider the prenuptial agreement before signing. If you were asked or coerced into signing a prenup moments before your wedding, there’s a good chance it will be ruled invalid.
- Were you intoxicated? If your spouse presented you with a prenup to sign in a moment when you were intoxicated or mentally impaired, a judge could rule the prenup invalid.
- Were you pressured? A prenup can be invalid if one of the spouses or their attorney pressured the other spouse to sign the agreement.
How to challenge a prenuptial agreement
If you believe you have reason to challenge a prenuptial agreement, than it is important to act quickly. Contact an experienced family law attorney in New Jersey to discuss why you wish to contest your prenup, or what to do in the event your prenup is contested by your spouse. Consulting with an experienced matrimonial attorney will give you a clearer understanding of your options and how to go about challenging a prenuptial agreement.
Contact a Knowledgeable New Jersey Divorce Attorney
If you have questions about challenging a prenuptial agreement in New Jersey, don’t hesitate to contact the Law Offices of Steven M. Cytryn at (732) 214-1103. We understand the challenges you face and provide compassionate, aggressive advocacy.