Challenging a Premarital Agreement
Many couples decide to draft and sign a premarital agreement to protect themselves in case a marriage turns sour. Prenuptial arrangements help divide the couple’s property and assets during a divorce, avoiding costly and emotionally trying divorce disputes. However, in some rare instances, the validity of a premarital agreement may need to be challenged — or one party may unjustly challenge the document, causing difficulty and strife for the other party. Speak with your team of premarital agreement lawyers in Cherry Hill to learn about challenging prenuptial arrangements.
Parties dispute the validity of a prenuptial arrangement for a variety of reasons. The challenging party must show concrete evidence that the document should not be enforced. Specific situations in which a prenuptial agreement might not be enforced include one or more of the following:
- The challenging party did not enter into the agreement voluntarily
- The challenging party did not have the agreement reviewed by an attorney of his or her choice
- The non-challenging party failed to disclose all of her or her assets, income and liabilities
Another reason a judge will refuse to enforce a prenuptial agreement is if the document is found to be “unconscionable.” Reasons a premarital arrangement would be deemed unconscionable include:
- The challenging party is left without a reasonable means of support
- The challenging party’s standard of living will drop dramatically
- The challenging party becomes a public charge
To avoid problems down the road with a prenuptial agreement, be certain to have experienced premarital agreement attorneys in Cherry Hill on your side. Make certain your lawyer is thorough and precise when drafting the initial arrangement.
At the law firm of Forkin, McShane, Manos & Rotz, P.A., we understand the stress and frustration involved in divorce. We help uphold our clients’ rights and ensure the best possible outcome for your unique circumstance.