In recent years, prenuptial agreements have become more common. New Jersey couples are realizing that these agreements are not just for the wealthy or famous and are executing them in contemplation of the possibility of divorce at some point in the future. However, if the parties’ marriages do end, some people attempt to have these agreements invalidated.
Having a prenup invalidated requires certain conditions to be met. For instance, if one party proves that he or she entered into the agreement involuntarily, it could be voided. However, this could be difficult to establish.
Fortunately, there are other ways to invalidate a prenuptial agreement. One of the important aspects of negotiating a prenup is that each party provides the other with fair and full financial disclosure. If it turns out that one party failed to do so, the agreement might not be enforceable in a divorce.
The party wanting to throw out the agreement will most likely be required to provide evidence that the right to full disclosure was not expressly or voluntarily waived when the agreement was signed. Furthermore, each party should be given the right to at least have the agreement reviewed by an attorney prior to signing it. If this opportunity was not provided — and not expressly waived — the court could decide that the agreement cannot be enforced.
Prenuptial agreements can make a divorce go more smoothly, which can save the parties time and money. However, before a prenup can be used to divide the parties’ assets, a New Jersey court will need to determine whether it is enforceable. If a party has any reservations regarding the validity of an agreement, he or she should challenge its use.