When you enter into a prenuptial agreement, you hope that it will provide clarity and protection for your future. While prenups can be highly effective, certain circumstances can make them invalid. Here are four key reasons why you might challenge a prenup in New York:
Reason 1: Lack of full disclosure
Transparency is essential for creating a fair contract. A common reason for invalidating a prenup is if one party did not fully disclose their assets and liabilities. Full disclosure is crucial for both parties to make informed decisions. If you can prove that your spouse hid significant assets or debts, the court may decide the agreement is not valid.
Reason 2: Coercion or duress
You must enter into a prenuptial agreement voluntarily. If you signed the agreement under pressure or felt coerced, it might not hold up in court. For instance, if your spouse threatened to call off the wedding unless you signed, the court could consider this duress. The courts take such claims seriously and will investigate the circumstances surrounding the signing of the agreement.
Reason 3: Unconscionable terms
An agreement with unfair or one-sided terms can be unacceptable. If the terms heavily favor one party while leaving the other at a severe disadvantage, the court may find it invalid. For example, if the agreement leaves one spouse with almost nothing while the other retains most of the assets, it could be deemed unconscionable.
Reason 4: Improper execution
Proper execution ensures that both parties understand and agree to the terms formally. In New York, both parties must sign the prenuptial agreement before a notary public. If you did not follow this step, the agreement might be invalid.
The importance of seeking legal guidance
If you believe that the court should invalidate your prenuptial agreement, or if you have concerns about its enforceability, it is important to seek legal guidance. An experienced divorce attorney can:
- Evaluate your case
- Provide personalized advice
- Advocate for your best interests
Do not face these complex issues alone. Reach out for legal assistance to ensure the protection of your rights.
At The Law Firm of Poppe & Associates, PLLC, our focus is relentless advocacy for our clients. If you or someone you know is considering divorce, reach out to schedule a consultation at 646-665-3903 or by contacting us online.
Let Me Be Your Brave
Mia Poppe, Esq.
Managing Partner