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Should you fight your prenup during a divorce?

On Behalf of | May 31, 2024 | DIVORCE - Divorce

Prenuptial agreements often protect assets and set financial expectations before marriage. However, when a marriage ends, fighting over a prenup can be difficult. In New Jersey, knowing when and why you might challenge a prenup during a divorce is important.

Reasons to challenge a prenup

Several factors can make a prenuptial agreement unenforceable.

  1. Lack of voluntariness: If one person felt pressured or forced to sign the agreement, it might not be valid.
  2. Fraud or misrepresentation: Any false information or hiding of assets can make a prenup invalid.
  3. Unfairness: An agreement that is extremely one-sided and unfair might not stand.
  4. Improper execution: Both parties must sign the prenup, and it must be in writing to be valid.

When fighting a prenup might not be worth it

While there are valid reasons to challenge a prenuptial agreement, not every situation needs a fight. Consider the cost and emotional toll, the chance of winning, and the possible outcomes. Legal battles over prenups can become expensive and stressful, and even a successful challenge might still lead to a fair split of assets.

Evaluating your options

Deciding whether to contest a prenuptial agreement needs careful thought about your case’s specific facts. It may be helpful to speak with an experienced family law attorney to understand your options and make a smart decision.

Weighing your decision

Fighting a prenuptial agreement is a big decision. By understanding the reasons for challenging a prenup and looking at your unique situation, you can make a better choice about whether to proceed. Remember, every divorce is different, and what works for one person might not work for another.