Creating a prenuptial agreement is typically a wise choice for any partners entering into marriage. In broad strokes, this is because the law views marriage as a business partnership, and achieving divorce is very similar to dissolving a business. Whereas getting married only requires signing a few documents before a clerk, getting divorced involves dividing assets and liabilities in a way that is acceptable to a court. This does not even deal with the issues surrounding children, which courts don’t allow prenuptial agreements to address.
Still, many spouses find that the prenuptial agreement they signed before their marriage no longer suits their needs, or may be unfairly restrictive. This is particularly true for spouses who did not carefully consider the terms of their agreement, or spouses who married each other when neither party had many assets or liabilities. Large life changes tend to shift our priorities, which a prenuptial agreement may not address fully.
If you hope to challenge your own prenuptial agreement, consider which terms in the agreement you most want to strike or alter. In some cases, you may have grounds to strike or alter some specific portion of the agreement while still keeping the overall agreement intact. For instance, if your agreement states that you must take a certain percentage of your spouse’s debts in divorce, you may wish to challenge this by claiming that you did not have sufficient information about the size of that debt or the burden it might place on you.
Each agreement is different and must receive its own careful consideration. If the terms of your agreement are unfair, or if the agreement includes terms that violate the law, then a court may toss out specific terms or the entire agreement. Make sure you have a clear understanding of your priorities before attempting to challenge your prenuptial agreement. This will help keep your rights secure as you move toward a new life on the other side of divorce.