As we have discussed previously on the blog, a prenuptial agreement can be a powerful way to protect your interests as you enter into a marriage, thereby allowing you and your spouse to focus on your relationship rather than financial concerns. However, as time passes you might find that what you thought was a good deal is actually fairly one-sided. If this is the case, then your financial future might be in jeopardy in the event of divorce. You shouldn’t just sit back and let that happen to you.

Instead, you might want to consider whether the agreement is valid in the first place. There are a lot of ways to have a prenuptial agreement deemed unenforceable, such as presenting evidence of the following:

  • The agreement wasn’t reduced to writing
  • The parties didn’t sign the agreement
  • You signed the agreement due to coercion
  • You signed the agreement without reading it
  • You weren’t given adequate time to fully review the terms of the agreement
  • You entered into the agreement based on inaccurate or false information pertaining to assets and debts
  • The agreement is so one-sided that it is fundamentally unfair

If you want to challenge the validity of a prenuptial agreement, then you need to be prepared to present compelling evidence. This might mean testifying on your own behalf, but it might also mean securing witnesses who can provide testimony that is helpful to your position and obtaining beneficial documentation, the latter of which can be especially helpful if you entered into an agreement based on false or inaccurate information.

You’ll also need to be prepared to address any arguments presented by the other side. This requires an understanding of the law, the rules of evidence, and court procedure. You also have to have strong enough legal foresight to be able to anticipate the issues you might face in bringing your claim. Fortunately, you might be able to obtain strong legal assistance from an experienced family law attorney.