Some couples may choose to sign what is known as a prenuptial agreement before legally getting married in an effort to protect their financial rights and avoid disputes in the event of a divorce. If you are wondering whether your prenuptial agreement can be challenged in court, it is important that you obtain legal assistance from an experienced York County, PA divorce attorney. Reach out to a skilled lawyer today for more information.
What is a Prenuptial Agreement?
A prenuptial agreement, commonly known as a prenup, is a legal contract that two people can enter into before they get married. This agreement outlines how assets, debts, alimony, and other important financial matters will be handled if the marriage ends in a separation or divorce.
Prenups are designed to provide each party with clarity and protection and can be especially beneficial when one or both parties have a significant amount of assets. In general, a prenuptial agreement is considered valid and enforceable in Pennsylvania when it is in writing, signed by both parties, entered into voluntarily, fair and reasonable to both parties, and includes a full disclosure of all financial matters. It is also highly recommended that the document be notarized.
Can My Prenuptial Agreement Be Challenged in Court?
Although prenuptial agreements are legally binding and enforceable, it is possible to challenge the terms in court under certain circumstances. According to PA Consolidated Statutes § 3106, a prenuptial agreement can be deemed unenforceable if any of the following is true.
- One party did not execute the agreement voluntarily; or
- One party, before execution of the agreement:
- Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
- Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
- Did not have adequate knowledge of the property or financial obligations of the other party.
If any of the above can be proven in court, the prenup could be found invalid and unenforceable.
How Can I Challenge My Prenup?
If you believe that your prenuptial agreement is unfair and want to challenge its validity, it is important that you obtain representation from an experienced attorney. With their help, you can gather and present evidence of one of the following claims.
- You did not enter the agreement voluntarily or without coercion, pressure, or duress
- Your spouse did not provide a complete and honest disclosure of all assets and debts before signing
- The agreement was unconscionably one-sided and unfair to you at the time that you signed
- Certain legal requirements were not followed
- There has been a significant change in circumstances that makes the agreement no longer reasonable or fair
- You were not given adequate time to review the agreement or seek legal advice before signing
If you can provide evidence demonstrating that any of the above are true, a court may consider the prenup invalid. To learn more and secure skilled legal representation, contact an experienced divorce attorney today.
