Prenuptial agreements have become a step that many couples take prior to getting married. Even if your union seems like something out of a storybook, there is a possibility that things may not last. If a divorce were to happen in your future, a prenup can help smooth out the process and make it easier for both parties to step away from the relationship in the event it sours. However, there are some instances where a prenuptial agreement will not hold up in a New Jersey court. Let’s discuss those situations today.
Key Takeaways
- Prenups can’t waive child support obligations; attempting to do so risks invalidation.
- Coercion renders a prenuptial agreement void.
- When signing a prenuptial agreement, each party should have a legal representative present to ensure the fairness of the agreement.
- If you opt to withhold financial information, the prenuptial agreement may not hold up in court in the future.
What is a Prenupital Agreement?
A prenupital agreement—also known as a prenup—is a legal contract that two people enter into prior to a marriage. This agreement outlines the rights and responsibilities of each spouse in the event of divorce or death. A prenuptial agreement usually outlines property division, alimony (spousal support), child support, inheritance rights, and other financial matters. The main purpose of a prenuptial agreement is to provide clarity and protection for both parties in the event that the marriage ends due to death or divorce.
5 Reasons a Prenup May Not Hold Up in Court
Now that you know about prenuptial agreements, let’s look a five scenarios where a court will not accept the agreement:
1. The Prenup Limits Child Support
No matter what, the court will always rule in favor of what is best for the child. That means that if a prenuptial agreement puts a limit on what someone will pay for child support and that negatively impacts the child, the court will not accept the agreement. In other words, prenuptial agreements cannot override legal commitments. Child support is viewed as a right belonging to the child rather than a bargaining chip between spouses.
2. You Signed Involuntarily
For a prenuptial agreement to be considered a valid legal document, both parties must enter said agreement willingly. That means without coercion or being under duress. If one spouse can demonstrate that he/she was pressured, threatened, or otherwise compelled to sign the agreement against his/her will, a court may find the agreement unenforceable. This could include situations where one party presented the prenup shortly before the wedding, leaving the other party with little time to review or negotiate its terms.
3. The Agreement is Unconsciable
In New Jersey, divorces require equitable distribution. In other words, property and assets are not split exactly 50/50 but by what is considered fair and just. Courts may refuse to enforce a prenuptial agreement if its terms are so one-sided or unfairly favor one spouse over the other that they shock the conscience. In such cases, the agreement may be deemed unconscionable and therefore unenforceable. Factors that may contribute to unconscionability include significant disparities in wealth or bargaining power between the spouses and provisions that leave one spouse financially destitute upon divorce.
4. A Lawyer Wasn’t Presenting During Signing
Each party entering into a prenuptial agreement should have independent legal representation to ensure that they fully understand their rights and obligations under the agreement. If one spouse did not have access to legal counsel or was not provided with sufficient time to review the agreement before signing, a court may question the fairness of the process and may be less inclined to enforce the agreement.
5. Information Was Withheld During Signing
Full disclosure of assets, liabilities, and financial information is essential for a prenuptial agreement to be valid. If one spouse knowingly withholds significant financial information or assets during the negotiation and drafting of the agreement, the resulting prenup may be incomplete or inaccurate. In such cases, the court may invalidate the agreement due to lack of full disclosure, as both parties are entitled to make informed decisions about their financial future.
Contact a New Jersey Divorce Lawyer About Your Prenup Today
If you are considering a divorce and are worried about the validity of your prenuptial agreement before heading to court or settlement, then it is time to contact a New Jersey divorce lawyer. A knowledgable attorney like those at Ziegler Law Group, LLC can help you understand the circumstances surrounding your prenuptial agreement.
At Ziegler Law Group, LLC, we believe in compassionate mediation and advocacy. We provide tailored legal advice to our clients and ensure that your rights and interests are protected. From assisting with the creation of a prenuptial or postnuptial agreement or divorce proceedings, we work with you to ensure the best outcome. To schedule a free consultation, give us a call at 973-533-1100 or fill out the online form today.
