Why Can My Spouse Contest Our Pre-Nuptial Agreement?

Why Can My Spouse Contest Our Pre-Nuptial Agreement?

Dear Attorneys,

I signed a pre-nuptial agreement with my spouse, and now that we are in the midst of divorce, they have decided to contest it! How is this possible? The entire reason we both signed this agreement was because we both agreed to protect our assets. What do I do now?

Very Truly Yours,

Perplexed Over Pre-Nuptials

 

Dear Perplexed,

Without a thorough review of your case it’s hard to give you a definitive answer. There are quite a few scenarios that could be at play and/or be affecting your case. For example, when you signed your pre-nuptial agreement, you would have needed to have included a “Schedule” itemizing your income, assets, and liabilities. Your spouse would have had to do the same. Your attorney also would have needed to collect your financial production documents (think of these as back-up or proof of your Schedule) to exchange with your spouse, and their attorney if they had one at the time. If some of those things didn’t happen, or if it appears that one party was coerced, then there may be grounds to challenge the aforementioned pre-nup.

Additionally, when you get divorced, you need to include the pre-nuptial agreement in your Complaint. If that wasn’t done, it could be another reason why your spouse is trying to contest it, and you should speak with an attorney as soon as possible to see if you can rectify the situation.

If you need help navigating this situation, we would be happy to set up a confidential consultation for you. We can be reached at 203.745.3151 or info@wolfandshorelaw.com.

Very Truly Yours,

Wolf & Shore Law Group

Leave A Comment

Your email address will not be published. Required fields are marked *