Often, when couples get a prenuptial agreement, one of them wants it more than the other. That person may have considerable assets they want to protect as they go into the marriage, they may have parents who feel strongly about protecting a future inheritance or they may simply be more forward-thinking than their future spouse.
Too often, the person who simply goes along with their partner’s wish for a prenup doesn’t put a great deal of thought into it. They may not even have an attorney review it to ensure that it is fair to them before they sign it.
Understanding unconscionability
If this describes you, but now you’re facing an impending divorce, you may be faced with having to abide by terms that you realize are unfair to you. In fact, the prenup – or at least parts of it — may even be what’s referred to as “unconscionable.”
That’s a term used in the law to refer to any contract that is grossly unfair to one of the parties. If challenged in court, it is likely to be ruled invalid and unenforceable. An unconscionable contract is more likely when the party to whom it is unfair didn’t have their own legal representation, as is too often the case with prenups.
What else can invalidate a prenup?
Another thing that can invalidate a prenup is if a party was pressured to sign it. This doesn’t always mean that someone was threatened or bullied. In the case of a prenup, it can happen if one party presents the other with a prenup late in the wedding planning process, after invitations have been sent out and nonrefundable deposits have been made on venues and honeymoon destinations.
You don’t have to be trapped in an unconscionable or even an unfair prenuptial agreement. The best first step is to get experienced legal guidance to review the document. This can help you protect your rights and your future as you divorce.
