How to Invalidate a Prenup

How to Invalidate Your Prenuptial Agreement

I’ve written several times about the importance (in my view) of putting in place a thorough prenuptial agreement before getting married. Many couples balk at the idea of considering that they may eventually end up breaking up, but considering that approximately 39% of all couples will eventually divorce*, I’d rather play it safe than sorry, wouldn’t you?

However, if you have entered into a prenuptial agreement and now realize you wish you hadn’t, is there anything you can do? Yes and no. Let’s take a look.

Try to Convince Your Spouse You Don’t Need It

The first (and potentially easiest) way to negate a prenuptial agreement is to convince your spouse that it is unnecessary. Even if the contract states that it is not modifiable, if both people agree to modify it, then there will be no problem making changes.

Of course, this kind of thing can be delicate and it’s impossible to predict how the other person might respond without understanding the nuances of the relationship. If your spouse refuses to nullify your prenuptial agreement, and it was created and executed properly, there may not be much you can do about it.

Challenge the Prenup

In my last blog post, I wrote about how important it is to make sure that these three conditions exist around the creation and signing of a prenup:

  1. Full and Complete Disclosure
  2. Understand the Legal Ramifications
  3. Operate Consistently with the Contract’s Guidelines

(Read the full article here.) If any of these conditions are not met, you may have grounds to challenge the prenuptial agreement, which you may be able to do even if you’re not getting divorced. It’s possible that the Court will allow you to request a “declaratory judgement.” In that case, you ask the judge to declare the prenup null and void despite the fact that your spouse is still alive and you’re not getting divorced.

However, if you go this route against your spouse’s wishes, chances are you may be headed toward a divorce, after all, and you still might not be able to convince the judge to nullify the agreement. That is a lose-lose situation for you.

Hire Legal Counsel

If you believe you may have grounds to challenge the prenuptial agreement, your next step is to reach out to legal counsel. Your attorney will be able to review the document and determine whether any crucial steps were missed in the creation of the prenup, as well as whether you have a realistic chance of successfully nullifying the agreement.

If you are preparing to go through a divorce, call our office at 303-449-1873 to set up a complimentary consultation.

*Business Insider: https://www.businessinsider.com/alarming-facts-about-divorce-in-the-us

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