Like many New Jersey couples, you and your spouse prepared for future contingencies by drafting a prenuptial agreement before you married. While you never expected your marriage to end in divorce, you wanted to feel secure about your financial interests in case the unexpected happens. In many situations, these agreements can be beneficial for both parties.
Unfortunately, you may have concerns about your prenup if you are now facing the likelihood of divorce. A document you thought would protect your interests and simplify a potential divorce may not be fair, or it could actually expose you to the possibility of financial harm. It is possible the terms of your prenup may not be valid, and some or all of it may not be enforceable. You have the right to challenge your prenup if you believe it is unfair or invalid for any reason.
Reasons a prenup may not be valid
Like any legal contract, a prenuptial agreement must be fair, reasonable and correctly drafted in order to be valid. If there were problems or a violation of your rights, a court may not enforce some or all of the terms of the contract. Common reasons why a prenup could be invalid include:
- Incorrect execution of it, and both parties did not sign the agreement before the wedding.
- It is not possible to locate a physical written agreement.
- One party pressured the other to sign the agreement.
- One party did not have enough time to read and understand the terms of the agreement.
- The provisions in the agreement are invalid.
- The prenup does not contain all necessary information.
- The terms of the prenuptial agreement are unconscionable or blatantly unfair.
If you believe any of the above apply to your situation, it is possible your prenuptial agreement is invalid. You have the right to protect your future interests by fighting for your rightful share of marital property and financial support in court.
You may benefit from a careful and thorough examination of your prenuptial agreement in order to determine the best way forward. When you know your rights, you will be better prepared to fight for what you need for a strong and stable financial future after your divorce. An invalid prenup can impact you long-term, and you would be wise to prepare for whatever steps are necessary to secure your fair share of marital property, support and more.