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 646-600-8007 or by contacting us online. Let Me Be Your BraveMia Poppe, Esq.Managing Partner

You might think that prenuptial agreements are only for celebrity marriages and high-profile individuals, but any marrying couple can opt to have one. Prenups date back to ancient Egypt as a way for women to protect themselves and their families should their husbands suddenly die. Inheritance rights were non-existent for women at the time. This changed for women in New York with the passing of the Married Women’s Property Act in 1848, which gave women the ability to inherit property in the will of a spouse. While this still serves the same purpose it did upon establishment, it is now primarily preemptive, protecting both parties upon the dissolution of a marriage. Although the evolution of these laws has helped to better ensure women get the property they are entitled to in the event of their spouse’s passing, additional legal tools can further protect either spouse’s interests. One example is a prenuptial agreement.

What is a prenuptial agreement?

A prenup is a contract between two people before they get married. It usually lists assets and debts of both parties and may resolve financial aspects of a divorce, including alimony and division of assets. It also usually defines who gets what after the marriage. A prenup does not resolve matters involving custody.

Why should millennials get one?

If you are a millennial planning to tie the knot soon, you and your partner might want to look into getting a prenup. Below are a couple of the reasons you might want to consider:

• One or both of you might have high student loan debt: Student debts are a potential hazard to financial security. Marrying someone with student loan debt sans a prenup may later make you liable for that debt. The chances of you becoming liable for that debt gets even higher if your spouse acquires it during your marriage. Getting a prenup may offer you some protection for this.

• Millennials are getting married later in life: Getting married later in life means you have more time to acquire more assets, which may include savings, property and retirement accounts, to name a few. Your net worth will have increased at the time of your marriage, which means you have more to protect.

Thinking of the dissolution of your marriage and the aftermath might seem counterproductive during your wedding preparations, but it is something that you may want to consider and carefully plan for. It might save you a lot of trouble in the future. 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 646-600-8007 or by contacting us online. Let Me Be Your BraveMia Poppe, Esq.Managing Partner