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Can a prenup or postnup be contested?

On Behalf of | Jun 1, 2022 | family law

A prenuptial agreement (commonly known as “prenup”) is a legal agreement written and signed by two people before marriage. A prenup lists all of the possessions of each person and how they will be divided when a marriage ends.

Some people get a postnuptial agreement (or “postnup”) after they are married. A postnup serves a similar purpose to a prenup but is created during the marriage. When a marriage ends, each person’s assets will be divided in accordance with a prenup or postnup.

Just because a prenup or postnup was created doesn’t mean it’s valid – and it may have never been valid. A prenup or postnup may not be binding if there were issues with its legalities. Here’s what can cause them to fail::

The prenup or postnup didn’t include all assets

You may find your spouse didn’t include all of their assets in the prenup or postnup. It is often the case that a spouse may undervalue their assets to hide their true value. You may be able to invalidate this legal document if your spouse lied about their assets.

There is evidence the prenup or postnup was coerced

You may have not been of sound mind when you signed that agreement. Or, you may have been influenced through pressure or threats to agree to a prenup or postnup with terms that go against your wishes or even make life harder for you after divorce.

If you believe a prenup or postnup may be invalid then you may need to know your options. You may find yourself in poor conditions if a prenup or postnup was weighed against you.