Prenuptial agreements are contracts made between two spouses that outline what will happen in the event of divorce. Typically, an agreement includes terms that govern the division of assets, child support, alimony, and other legal matters. Having a prenuptial agreement can simplify the divorce proceedings since these decisions have already been made. But, this is not the case if one party decides to challenge a prenuptial agreement.
When A Prenuptial Agreement is Unenforceable
The court may find that a prenuptial agreement is unenforceable under certain circumstances. In New Jersey, a prenuptial agreement is not enforceable if either party did not voluntarily sign the contract. An agreement is also not enforceable if one party failed to disclose all of their assets and debts to the other party before the contract was signed.
If one party was not represented by an attorney when the agreement was made, the court may rule that the contract is not enforceable. However, if the party waived his or her right to legal counsel before signing the contract, it can be enforced.
Finally, an agreement is unenforceable if it is considered unconscionable, which means it is grossly unfair to one party. The judge will not look at whether the agreement is unfair now that the couple is divorcing, but rather whether its terms treated one party unfairly at the time the agreement was signed.
How to Challenge A Prenuptial Agreement
If you want to challenge the terms of a prenuptial agreement, the burden of proof falls onto you. This means it is your responsibility to present clear and convincing evidence that the agreement is unenforceable for one of the reasons mentioned above.
For example, let’s say your spouse failed to tell you about all of his assets before you signed the agreement. If you want to challenge the agreement on these grounds, the judge will need to see evidence that your spouse did not disclose all of his assets to you. If enough evidence is presented, the judge may rule that the prenuptial agreement is not enforceable. This means you and your spouse will need to decide how to divide your marital assets now that the prenuptial agreement has been thrown out.
Do you want to challenge your prenuptial agreement? If so, contact Williams Law Group, LLC as soon as possible. Let our experienced attorneys work tirelessly to convince the judge that the agreement should not be enforced. Call our office at (908) 810-1083, email us at firstname.lastname@example.org, or contact us through our confidential online form to schedule a consultation.