Most couples go into their marriage believing that their relationship will last forever. However, sometimes circumstances change and divorce is the best or only option. If you are going through a divorce and wondering whether or not you will be able to challenge your prenup in court, it is imperative that you fully understand your legal rights and options. Continue reading for more information and reach out to a knowledgeable Memphis, Tennessee prenuptial agreement lawyer to secure skilled representation today.
What is a Prenup?
A prenup, formally referred to as a prenuptial agreement, is a legally binding contract signed by two people before they get married. The agreement touches upon various important issues like property rights, debt responsibilities, alimony, and other financial matters.
The purpose of a prenup is to outline the way that these topics will be handled if the marriage ends in a divorce. Prenups are generally enforceable, given that they meet the legal requirements for the jurisdiction you are in. In Tennessee, a valid prenuptial agreement is one that:
- Is in writing
- Is entered into by both spouses freely and without undue influence
- Is signed in good faith well before the wedding ceremony
- Is fair and reasonable to both parties
- Both parties have had ample opportunity to review
If the above is true, then the prenup is likely valid and enforceable. However, if one or more of these characteristics do not apply, there may be a chance of fighting it.
Can I Challenge My Prenup in Court?
There is no simple answer that applies to all couples and all relationships. Whether or not you are able to challenge your prenup in court depends on various legal factors specific to your marriage and situation. In some cases, challenging the validity of a prenuptial agreement is simple. However, in others, it can be nearly impossible.
If certain characteristics are lacking or seem unfair, there is a chance that you can successfully challenge your prenuptial agreement in court. Some common grounds for challenging a prenup include the following.
- There was a lack of full disclosure and one or both parties were not entirely truthful about their assets, debts, or general financial situation
- One party was coerced or pressured into signing the agreement under duress
- The agreement is unconscionable, meaning that it is extremely one-sided and unfair to one party
- One party was not given enough time to review the document and obtain legal advice, like if the prenup was presented to them on the day of or in the days leading up to the wedding
- There has been a significant change in circumstances that makes the terms no longer fair or relevant
- The prenup was created incorrectly or did not follow all legal requirements
If you believe that your prenup is invalid or unfair, it is important that you fully understand how to challenge its validity in court. Work with an experienced family lawyer at Rice Law for skilled assistance.