Can a Spouse Challenge a Prenuptial Agreement?

 Posted on December 00, 0000 in Aurora Family Law Attorney

Signing prenuptial agreements has become a common practice before marriage, especially for wealthier individuals. They ensure a person’s wealth, assets, and property will not go to his or her spouse if the marriage ends in divorce. While it is true that prenuptial agreements are difficult to challenge, there are certain circumstances under which the court may omit certain stipulations within the agreement or throw it out completely.

Divorce cases are notoriously unpredictable. The intricacies of family law tend to make every case unique, and if a person wishes to challenge a prenuptial agreement, the matter becomes even more complex. For this reason, hiring an experienced family attorney may help ensure a more favorable outcome.

There are a number of common reasons for a prenup to be thrown out during divorce proceedings. One of the simplest is proving that the paperwork contains errors that make it invalid. This strategy may involve scrupulous amounts of paperwork analysis and verification, but it is not uncommon to find mistakes in a prenuptial agreement. While simple errors might not label the entire agreement invalid, they may render certain aspects of the agreement void.

Another common way a divorcing spouse can challenge a prenup is by demonstrating that unfair coercion or duress was a part of the agreement. While this is difficult to prove, it is usually the most effective way for the agreement to be completely thrown out.

Similarly, demonstrating that the agreement was not legitimate in the first place can quickly have it rendered invalid in court. One way to accomplish this is to prove that one spouse did not reveal the complete and honest value of his or her respective assets and property.

If you are going through the painful process of divorce, it may be worthwhile to consider hiring an experienced Aurora divorce attorney. At the Law Offices of Matthew M. Williams, we understand how overwhelming a divorce can seem. With more than 10 years of experience in family law and a diverse background that includes psychiatric work and more than 1,000 litigated cases, Mr. Williams can offer exceptional legal guidance. Contact us today at 630-409-8184 to schedule a consultation.