Top reasons why your prenup could be contested

Jan 23 2017 - Posted by , in Prenuptial Agreement, Tagged in Prenuptial Agreement

When two people divorce in Texas, one of the most contentious processes they go through is the division of assets. To make this process a little easier, many people choose to have a prenuptial agreement in place before they get married. This document allows soon-to-be spouses to set rules for distribution, spousal maintenance and other financial matters that can cause great turmoil in the event of a divorce.

However, just because you have a prenup in place doesn’t mean it will ultimately be enforced. In fact, there are many reasons why your prenup could be contested. 

Your prenup may not be valid if you or your spouse:

  • Did not read or understand it before signing it
  • Were coerced or intimidated into signing it
  • Were not mentally capable of entering into such an agreement
  • Lied or left out information
  • Were not given the opportunity to review it with an attorney
  • Did not put the agreement in writing

The document could also be challenged if it contains:

  • Illegal actions
  • Grossly unfair awards
  • Certain lifestyle clauses
  • Clauses that incentivize divorce
  • Modifications or requirements for child support

So whether you are considering signing a prenup or have questions about enforcement of one that already exists, you should know that these are some of the most common reasons why the prenup may not be valid.

In order to ensure you understand your rights and your legal options, you should speak with an attorney before signing or enforcing a prenup in Texas. With legal guidance, you can work to avoid making any costly mistakes and protect yourself and your financial well-being.

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