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Setting Aside Prenuptial Agreements

For whatever reason, you don’t like the prenuptial agreement that you agreed to when you married your spouse. Can you get it set aside? What does the court consider in determining whether to set it aside?

First, prenuptial agreements are routinely enforced by the courts. Courts want to uphold written agreements reached between consenting adults prior to entering marriage. Your prenuptial agreement sets forth how you chose to negotiate your finances during the marriage. You may not like it now but the document serves as a blueprint for how you both agreed matters would be handled when you were getting along.

All that being said prenuptial agreement must be entered into freely, fairly, knowingly, understandably, and in good faith with full disclosure. The prenuptial agreement must also not be unconscionable.

Some factors that are important:

  1. Did you both have attorneys at the time the prenuptial agreement was negotiated and signed? If so, it is highly unlikely the agreement will be set aside.
  2. Were all assets disclosed in the prenuptial agreement? If not, this may be your hook to getting the agreement set aside. Of course, it depends on the value of the asset.
  3. How soon was the prenuptial agreement signed before the wedding? Agreements signed on the eve of the wedding are problematic because it signals that perhaps one party was under duress to sign the agreement.
  4. What was the difference in bargaining positions between spouses with respect to age, education, employment and experience? Teenage brides with grooms over the age of 40 are problematic. Second marriages for both parties with big age differences aren’t as significant.

For more information, contact one of us to discuss your case.