6 Ways to Dispute a Prenuptial Agreement

When you make the decision to end your marriage, any number of issues may become part of the divorce proceedings, and one of these matters is often the validity of a prenuptial agreement. In simple terms, prenuptial agreements – or, more simply, prenups – are contracts that can layout the terms of how assets will be divided, property will be controlled/distributed, etc. if (or when) married couples divorce. 

While prenups used to be agreements that were primarily exclusive to high net worth couples, nowadays, it’s not uncommon that couples with even moderate wealth will enter into these agreements prior to marriage in order to minimize potential headaches in the event of a future divorce.

Despite the fact that a married couple may have a prenuptial agreement, however, it does not necessarily mean that this agreement is, in fact, valid or that it will later hold up in court if the couple divorces. Below and in a few upcoming parts of this blog, we will highlight some of the more common ways that prenups can be disputed in court. If you have specific questions about a prenuptial agreement you are a party to or need any help with a family law matter, don’t hesitate to contact the Highlands Ranch divorce attorneys at Bahr and Kreidle.

A Prenup May Not Be Valid When…

1. The prenup is an “unconscionable” contract – Contracts are considered to be “unconscionable” in the eyes of the court when they are wildly unfair to one party while the other party seems to profit from them. When the terms of prenups are skewed in a manner that creates hardships for one party while allowing the other party to prosper, it can be argued that this agreement is an unconscionable contract that should not be held up in court. In these cases, the court may consider the prenup to be invalid.
2. The prenup wasn’t executed properly – Like any official legal contract, a prenuptial agreement must be executed by both parties who are agreeing to it. This means that both parties (i.e., the spouses) need to read, sign and date the document prior to getting married in order for the prenuptial agreement to be considered to have been properly executed and to later hold up in court.If one party never signed the prenup, signed the prenup after having gotten married or knows that his or her signature was forged on the document, the prenup will be invalid and can be thrown out of court.
3. Your spouse pressured you into signing the prenup – Any sort of pressure or coercive tactics cannot be used to try to force one party into signing a prenuptial agreement. When this is the case, the prenup will be invalidated. It’s important to point out here that proving that force or coercion was used to get someone to sign a prenup can be especially challenging, as these arguments generally come down to “he says” versus “she says” debates in court (with the party who seems to be more credible usually wining these debates).
4. You didn’t have time to fully consider the prenup prior to signing it – Part of the validity of prenuptial agreements is based on the notion that both parties had ample time to think about the terms of the agreement prior to signing it. When a prenup is handed to one spouse immediately before getting married, it may be possible to dispute the validity of that agreement based on the fact that there was not time for that individual to properly consider the terms of the prenup (s)he was signing.
5. The prenup contains clauses that are not valid – While prenups can include terms for the division of property, businesses and other assets in the event of a divorce, there are some specific issues that these agreements cannot legally cover (such as, for example, future child support payments).When prenuptial agreements contain one or multiple illegal clauses, it’s possible to argue that the entire agreement should not be held up in court. In these cases, family courts may choose to either dismiss the invalid clauses while upholding the rest of the agreement or to throw the whole prenup out of court entirely.
6. The prenup is based on false or incomplete information – In the event that a prenuptial agreement is based on false information or partial information (such as false or partial information regarding one party’s assets), this contract may not be valid in court.The key to this method of disputing prenups usually lies in being able to prove that one party was aware of the fact that he or she was providing false or incomplete information at the time the agreement was entered into; this may be possible through proof such as bank statements, insurance policies, email correspondence, etc.

Highlands Ranch, Colorado Divorce Lawyers at Bahr and Kreidle

Since 1983, the divorce attorneys at Bahr and Kreidle have been helping married couples dissolve their marriages so they can focus on their future. Our lawyers are committed to being aggressive advocates for our clients in any legal setting and to providing our clients with exceptional personal service and the highest quality legal representation. This means that our clients can always count on us to be available to answer their questions, to fiercely defend their rights and to be tenacious about helping them achieve the best possible resolutions to their cases.

A choice to work with the trusted Highlands Ranch divorce attorneys at Bahr and Kreidle can empower people and give them confidence that their important legal matters will be resolved as favorably and efficiently as possible.

Let’s Talk about Your Case – Contact Us Today

If you need help disputing a prenuptial agreement or with any family law matter, our Highlands Ranch divorce lawyers urge you to get more information about your rights by meeting with us for a free, no obligations initial consultation. To set up a meeting, call us at (303) 794-7422 or email us using the form on this page.

From our law offices in Littleton, we represent clients throughout Colorado, including in the Denver Metro Area, Arapahoe County, Adams County, Jefferson County and the cities of Lakewood, Highlands Ranch, Lonetree, Castlerock, Westminster, Centennial and Aurora.