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Can you get a prenup thrown out?

On Behalf of | Nov 5, 2020 | Divorce

Your spouse tells you that they want a divorce, and they’re already holding a copy of the prenup that you signed when you got married. You’d forgotten that you even signed it, but they tell you that it takes care of a lot of the legal aspects of the divorce. Reading through it, you realize that the prenup is pretty slanted in favor of your spouse. Is it destined to stand in the divorce case, or can you get it thrown out? 

It’s possible. One reason a prenup can be voided is when its terms are “grossly unfair” in one party’s favor. Say that the prenup says that they get all of the assets and you get nothing. You only signed it because you desperately wanted to get married. Odds are that the judge will not uphold such a disparate agreement.

Another potential reason a prenup can be voided is if you never read it. Maybe you don’t remember it because you didn’t have the time to read it or because you were tricked. You have to be willing to sign through your own free will, and you have to know exactly what you’re signing. If you were deceived or under the influence of drugs or alcohol, for instance, the prenup may not stand. 

There are other reasons for voiding the agreement, such as when a prenup was signed too close to the wedding or wasn’t filed properly. Your situation is bound to be unique. What’s important is that you understand that a prenup is not going to stand in 100% of cases, so you may have a way to get it thrown out if you simply understand your legal options