James R. Schaffer, P.A.

Ways that a prenup may be challenged in court

| Jun 15, 2018 | Prenuptial Agreements |

Like other contracts, prenuptial agreements must be reviewed and agreed to by both of the parties who sign off on their terms. Tampa couples may enter into prenuptial agreements before getting married to spell out their financial expectations during their marriages as well as in the event of their divorces. However, not every prenuptial agreement that is created will stand up in court. Many of the ways that a prenuptial agreement may be invalidated arise from one of the parties to it facing significant hardships.

For example, if a party is asked to sign a prenup before reading it, that may be grounds for dismissing the contract. A person must have time to review and reflect on what they will sign as contracts bind individuals to specific performances and duties. The failure of a party to have time to read a contract may relieve them from the agreement’s terms.

Also, a person who is coerced or otherwise forced into signing a prenup is not someone who voluntarily agreed to the terms of their contract. Individuals must enter into contracts of their own choice and free will, and the presence of duress or intimidation during the execution of a prenuptial agreement may break the document’s legal validity.

Finally, prenuptial agreements that place hardships on one of the parties to the contracts are often considered unconscionable and are found to be invalid. These issues and many others may serve as the grounds for a person to challenge the validity of the prenuptial agreement but readers should talk to their own attorneys about their prenup questions. This post does not provide legal advice and is only offered on this blog as introductory information.