Can You Contest A Prenuptial Agreement

While your marriage contract may exist to protect both parties in the event of the marriage collapsing, this can have serious consequences for how your property will be treated after your death. In this article, the Wills & Estate team at Hentys Lawyers explains how a marriage contract can affect your will. Coercion and coercion can also invalidate a prenup. If the Prenup was signed the day before your wedding, it may seem that the parties didn`t have much time to check the agreement. One party may have felt compelled to sign the document to continue the marriage. If any of these conditions have not been met, the agreement is not valid. Beyond the terms of the agreement, the court can also invalidate it because of the way it was signed. For example, if you live in the New York City area, you may have seen the news last month that a Brooklyn court refused the marriage contract that a Long Island woman had signed with her multi-million euro husband before her wedding in 1998. This is a precedent, and divorce lawyers across the country sit down and take note of it. Will more people try to launch marriage contracts abroad? A long time ago, a marriage contract was considered cumbersome, even offensive, but today, „prenups“ are more and more common for wealthy couples. Simply put, a prenup formalizes the agreement between the spouses in the making as to which of their property will become conjugal property, which will continue to belong to whom individually and what financial arrangements will be made in the event of separation. Most often, a prenup is established in order to protect the spouse with larger separated fortunes against the loss of an unfair share of this property if the marriage were to end. Finally, a court may choose not to apply the provisions of a spousal pension, such as.

B a reduction or cancellation of the maintenance to which a spouse would be entitled. These terms of an agreement cannot be enforceable if they cause unreasonable harshness to the dependent party and if that harshness was not reasonably foreseeable for the parties at the time the prenup was established. . . .