Providing New Jersey Residents With A Fresh Start
  1. Home
  2.  — 
  3. Divorce
  4.  — Should you fight your prenup during a divorce?

Should you fight your prenup during a divorce?

On Behalf of | Jun 16, 2024 | Divorce |

Prenuptial agreements, commonly known as prenups, are contracts made before marriage that outline the division of assets and financial responsibilities during divorce. While they can provide clarity and protection for both parties, some circumstances may lead one party to question the fairness or validity of the prenup during a divorce. 

Validity of the prenup

Parties can contest a prenuptial agreement if there are questions about its validity. For example, if the prenup was signed under duress, coercion, or without proper legal representation, it might not hold up in a New Jersey court. 

Additionally, if there was a lack of full disclosure of assets or fraudulent information at the time of signing, the agreement could be deemed invalid.

Fairness and equity

Over time, circumstances change. What seemed fair at the time of signing might no longer be equitable. If the terms of the prenup are significantly unfair or one-sided, you might have grounds to challenge the agreement.

Legal requirements

Prenups must meet certain legal standards to be enforceable. This includes being in writing, signed voluntarily by both parties, and having both parties fully aware of the agreement’s terms and implications. 

If any of these legal requirements were not met, you might have a case to contest the prenup during divorce settlements.

Change in circumstances

Life events such as having children, significant changes in income, or health issues can alter the context in which the prenup was initially agreed upon. If the prenup no longer reflects the current reality of the marriage, it might be worth contesting.

While prenuptial agreements provide a clear framework for asset division and financial responsibilities in a marriage, their effectiveness and fairness can be challenged under certain circumstances. Ultimately, the goal is to ensure that any contractual agreement made before marriage remains just and relevant, reflecting the current realities and promoting fairness for both parties involved.

FindLaw Network