Can I Set Aside My Prenuptial Agreement?

Prenuptial Agreements are common devices used to protect a person’s separate property interests when theyare entering into a marriage. While Prenuptial Agreements are binding it is important that there is proper financial disclosure and that the agreement is properly prepared and executed to withstand any future scrutiny.

It is not uncommon that in cases of divorce that one spouse, usually the spouse with less financial resources, is no longer happy with the Prenuptial Agreement they entered into. In those instances, theymay attempt to set aside the Prenuptial Agreement. However, a Prenuptial Agreement does not easily set aside and will not be set aside just because one party is no longer happy with the terms of the agreement.

In order to contest a duly executed Prenuptial Agreement, the person looking to set aside the whole agreement or certain provisions of the agreement, must prove that there was coercion, duress, fraud, misrepresentation, unconscionable terms and/or a lack of financial disclosure.

If a person entering into a Prenuptial Agreement lies about the extent of their assets or hides certain assets, that may be grounds to set aside the agreement. A person cannot waive an interest in assets they do not know exist. If a person deliberately conceals or misrepresents their finances, this can cause a Prenuptial Agreement to be invalidated. If an agreement was entered into under coercion or duress, for example if one party threatens the other so that they enter into the agreement, this may be grounds to set aside the agreement. If the Prenuptial Agreement is completely one-sided, it may be deemed to be unconscionable, and that could be grounds to set aside the agreement.

To avoid any challenges to a Prenuptial Agreement, it is important that both parties are represented by counsel, that both parties are open and honest about their assets and liabilities, and that they are knowingly and willingly entering into the agreemen