Challenging the binding effect of prenuptial agreements | Marinaro Law | Lancaster, PA
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Home 9 Family Law 9 Challenging the binding effect of prenuptial agreements

Prenuptial agreements can significantly limit people’s rights and obligations if they get divorced. In general, people cannot unilaterally terminate a prenuptial agreement unless the terms of the agreement give them the right to do so.

There are a few limited circumstances in which a person may challenge the efficacy of a prenuptial agreement. When a court finds that a prenuptial agreement is invalid, the party challenging it may be able to recover a greater amount of spousal support or property during divorce proceedings. Here are a couple of reasons why a person may contest the validity of a prenuptial agreement in Pennsylvania.

Duress or coercion

A person who can show that he or she did not enter into an agreement voluntarily may petition a court to invalidate it. For example, litigants may testify that their spouse forced them to sign the agreement by threats or coercion. A court may find that a prenuptial agreement that a person signs immediately before a wedding in invalid because he or she did not have time to review it.

Misrepresentation

In order to enter into a binding prenuptial agreement, a person must have an accurate perception of his or her partner’s financial status and property. If a person can show that a spouse misrepresented his or her assets, it may be grounds to invalidate the agreement.

Ideally, people should review a prenuptial agreement with an attorney prior to signing it. If a person has questions about an agreement’s enforceability after signing it, he or she should consult with legal counsel.

 

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