How to Challenge a prenup and get it tossed out
Prenups are not always valid. However in the USA, in most states, prenups are usually upheld as valid and enforceable contracts and they are enforced by the courts.
Courts usually give prenuptial agreements full faith and credit and this is perhaps a good thing. Folks should not expect to execute perfectly valid prenuptial contracts and then later on, just get them thrown out under false pretenses. But not all prenups are or should be enforced. Sometimes prenups are deemed invalid. And they are thrown out for various reasons.
Are you looking to get your prenup tossed? Below are some arguments you can make to the court. There is no guarantee you will win the case but at least you can argue that:
First of all you can argue that the prenup is…”lopsided.” You can sat that one side – your spouse- had a superior bargaining power and that they get all the benefits of the contract and that you got diddly squat and so it was not really a genuine contract. It was almost a shake down.
Next, you can argue that you lacked capacity to understand the contract because of, for example, your primary language is not the language in which the contact is written; you were under the influence of either drugs or alcohol at the time you signed; you were under the age of consent; or you were mentally ill.
If that fails, you can try to argue that you did not have independent legal counsel when you signed the agreement.
Another argument you can try is that your spouse sprang the prenup on you at the last minute after you had already spent money on the nuptials and you did not have a choice but to sign for fear he or she would pull out of the wedding and leave you holding the bag for a lot of money you had already paid. So you signed almost under duress.
If you don’t have any luck with those arguments, you can try this one: the signature on the document is not yours it is a forgery.
Or, you can even try to argue that your spouse lied about the extent of his or her assets and so there was fraudulent concealment of material fact – something such.
Finally, if you can’t get the whole prenup tossed out, then you can try to get portions of it tossed if those clauses are illegal, unreasonable or even unconscionable.