Imagine your husband has been having an affair and he wants to get a divorce. You agree, and that's when his lawyer contacts you to remind you of the prenuptial agreement you signed two decades ago - something you had long-ago forgotten about. The question is: Will your prenuptial agreement even hold up in court? Can you challenge it after all these years?
Here are several legal grounds by which you might be able to contest a prenuptial agreement:
It's old and outdated
If couples want to maintain a valid and viable prenup, they must reaffirm and resign the document every several years. Otherwise, a court could rule that it's outdated and no longer applies to the couple.
It's unreasonable and unfair
If the terms of your prenuptial agreement make you cringe - if they seem to violate your sense of reasonableness and fairness - a family law court may feel the same and choose to invalidate it.
You didn't have a lawyer when you signed it
Legal representation when signing a prenuptial agreement is vital. You can't expect an unrepresented party to fully understand what he or she is getting into by signing a prenup. This is a common reason for courts to question the validity of such a document.
If a prenuptial agreement is associated with your marriage and you're getting a divorce, don't take the terms of the agreement for certain. It's important to learn as much as you can about the validity of the agreement before you roll over and submit to its demands. There are numerous scenarios by which to invalidate such a document, and one of those scenarios could apply to you and your divorce proceedings.