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Can a prenup be overturned?

On Behalf of | Nov 15, 2021 | Uncategorized

Some couples in New Jersey might consider signing a prenup before their wedding. A prenup can provide some security for both parties as they begin their marriage. It can also ease the process of divorce if the couple decides to eventually end their relationship. However, there are situations that might lead to a prenup being overturned or considered invalid.

Prenups and security

As more people enter marriage having already accumulated some assets, a prenup can help them find some security that their interests will be protected in case the marriage does not work out. Some of the benefits a prenup provides includes:

  • Establishing separate and marital property and how some of these assets will be handled if the couple seeks a divorce
  • Outlining who will inherit assets in case of death in situations with blended families
  • Deciding how long the prenup will be effective and any specific situations that might invalidate the prenup

Overturning a prenup

Once a couple signs a prenup and gets married, one or both parties might decide that they would like a different arrangement. The couple can then overturn their prenup. In many cases, the couples will negotiate a new arrangement, or postnup, that better suits their needs. A prenup can also be declared invalid if it is discovered that one of the parties did not fully disclose their assets or provided false information. Another reason why a prenup might not hold up is if it can be shown that one person was coerced into signing the prenup or was not fully conscious of what they were doing.

Prenups might help couples who are ending their marriage have a more amicable process as many of the issues that need to be negotiated have might have been covered in the prenup agreement. This can then translate to a faster and less costly process.