Can I Challenge My Prenuptial Agreement?

A prenuptial agreement may feel unshakable; after all, it’s designed to be that way. Most couples who sign a prenup do so out of a desire for less stress and more clarity in the event that they separate. However, under certain conditions, a prenup can be contested. At López Law Office, we understand the sensitive nature of divorce and the implications of agreements that preceded it. We provide compassionate and clear legal guidance for individuals facing these complex situations.

In Indiana, a prenuptial agreement may be challenged if specific legal standards are met. A court might set aside a prenup if:

• The agreement was not signed voluntarily.
• One party did not provide a full and fair disclosure of their assets and debts.
• The terms of the agreement are unconscionable.
• The agreement was not in writing and/or signed by both parties.

Here, we explore these reasons further to help you understand your rights in the case of needing to contest a prenup.

Why Challenge a Prenuptial Agreement?

Despite couples’ best foresight, circumstances can change significantly between the signing of a prenuptial agreement and a divorce. A once-fair agreement may become inequitable over time. For example, one spouse might have sacrificed their career to raise children, leading to a financial imbalance that was not anticipated when the agreement was signed. In other cases, one party may have hidden significant assets, making the initial agreement fundamentally unfair. Challenging the prenup can be a way to seek a just and equitable outcome in the divorce proceedings.

How Can a Prenuptial Agreement Be Challenged?

Indiana law provides specific grounds that make prenuptial agreements legally binding. Those same grounds can be used to challenge and potentially invalidate the agreement.

Involuntary Execution

For a prenuptial agreement to be valid, both parties must sign it voluntarily, free from duress or coercion. Duress could involve threats or undue pressure that forces someone to sign against their will.

Unconscionability and Lack of Disclosure

An agreement may be deemed unenforceable if it was “unconscionable when the agreement was executed.” Unconscionability refers to an agreement that is excessively one-sided and unfair.

This can often be linked to a lack of financial disclosure. Both parties must provide a full and honest accounting of their property, assets, and debts before the agreement is signed. If one party can prove that their spouse hid assets or significantly misrepresented their financial situation, a court may deem the agreement unconscionable and refuse to enforce it.

Not in Writing

According to Indiana law, a prenuptial agreement must be a written document and signed by both prospective spouses. An oral agreement will not be upheld in court. Both signatures are required to demonstrate that both individuals consented to the terms.

Guiding You in the Midst of Prenup Challenges

Challenging a prenuptial agreement is a complex legal process that requires a thorough understanding of Indiana family law. The lawyers at López Law Office have the experience to assess the validity of your agreement and advocate for your best interests. If you are facing a divorce and have questions about your prenuptial agreement, we are here to provide the compassionate support and skilled representation you need. Contact us today to schedule a consultation.