In many cases, prenuptial agreements help lead to streamlined, uncontested divorces. By setting terms in advance, spouses can avoid divorce litigation.
Other times, a prenup can actually be the reason for family court litigation. One spouse may ask the court to invalidate or set aside the agreement. To do so, they must prove that there is an issue with the document or concerns about their circumstances at the time of signing. One of the reasons for people to litigate in pursuit of the invalidation of a prenup is a claim that they did not understand the terms of the agreement before signing it.
“Rose-colored glasses” may prevent proper review
To some engaged individuals, signing a prenup is just one step in the process before getting married. They don’t consider the agreement carefully or negotiate for terms that benefit them because they expect the marriage to last forever.
Later, when divorce becomes a concern, they may realize that they accepted unfair terms that put them at a significant financial disadvantage. Best practices when signing a prenup include having a separate attorney represent each party. This arrangement helps ensure that both people understand the terms of the agreement and that their rights and interests are protected.
A person who signed a prenup without fully understanding its contents or having their own representation may be able to successfully make the case to the court to invalidate all or part of the agreement. They could then pursue a more reasonable financial settlement when they divorce.
Having experienced legal guidance with prenuptial agreement litigation during divorce proceedings can help concerned spouses ensure a fair financial outcome if they signed the agreement without fully understanding it or if there are other issues that invalidate it.
