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