If you have a prenuptial agreement in place and are moving toward divorce, you might have questions about exactly how binding it is and whether or not you have the legal right to challenge it. This is an important question, and if it is one that is nagging at you, it’s time to reach out to an experienced McLennan County divorce attorney.
What Prenuptial Agreements Are All About
Prenuptial agreements are binding legal contracts that are drawn up prior to marriage and are executed (go into effect) upon marriage. Prior to marriage, even a signed prenuptial agreement has no bearing on anything (other than the fact that it will go into effect if and when you do marry). Further, your prenuptial agreement will have no bearing on your marriage – and cannot be used as a bludgeon or any other kind of leverage. Prenuptial agreements only come into play if you divorce. This is an important point to keep in mind. While prenuptial agreements tend to get a bad rap, they can actually play a very useful financial role in your marriage:
Protecting your separate property in the event of divorce
Protecting the inheritance of a child born of another marriage in the event of your death
Performing multiple other financial protections
Finally, having a prenuptial agreement in place is in no way a symbol that your marriage is likely to end in divorce – nor does it make divorce more probable.
If You Need to Challenge Your Prenuptial Agreement
If you are facing a divorce and have a prenuptial agreement that you need to challenge, it is important to note that doing so is going to be a challenge in and of itself, but there are two primary circumstances that can move the court to invalidate your contract.
If your spouse (prior to becoming your spouse) tricked, coaxed, or otherwise engaged in bad faith practices to get you to sign a prenuptial agreement that failed to protect your best interests, the court may deem it fraud and invalidate the agreement altogether. Before entering into a prenup, both parties must be transparent about their assets, debts, and any other extenuating financial circumstances that might apply, and if your partner failed to do so, you could have a solid case for challenging your prenup.
For any kind of contract, including a prenuptial agreement, to be legal and binding, both parties must have willingly entered into the contractual obligations therein. In other words, both you and your partner must have signed on the dotted line of your own free will (with a solid understanding of the terms). Anything less than this standard can amount to duress, which can lead to invalidation.
Reach out to an Experienced McLennan County Divorce Attorney Today
Attorney Brett Pritchard at The Law Office of Brett H. Pritchard – proudly serving McLennan County, Texas – has the experience and direct knowledge to help you challenge your prenuptial agreement. For more information, please contact or call us at 254-501-4040 today.