Couples draft prenuptial agreements to create a fair arrangement that protects assets in case of divorce. While the contract should provide peace of mind, a change in circumstances can make a document that once seemed equitable now regrettable.
An individual that reaches the point of separation may be curious whether it is possible to break a premarital contract. Some remedies exist.
Was there coercion?
No one can force another person to sign a contract. However, duress involves more than refusing to marry without a prenuptial agreement. A person might use scare tactics or threats to coerce another into signing the contract.
Also, a person must be competent to agree to a contract. Minor children cannot enter into agreements. One party could be able to prove they were not competent if there was involuntary intoxication.
Did one mate deceive the other?
A person may encourage a future spouse to sign a prenup under false pretenses. For example, the individual may be hiding assets. If a spouse does not disclose all details about income or property, the other party may not be able to make a rational decision about the financial elements of the prenup.
Are there any unenforceable conditions?
Items pertaining to child custody and support are not permissible in prenuptial agreements. The state seeks to do what is suitable for the child, and that determination depends on the circumstances at the time of a split. Such stipulations can make the entire document invalid.
Prenups typically fall under the same rules as other contracts. If anything in the drafting of the agreement was illegal or unconscionable, a party might be able to convince a court to strike down the document.
