You may not be the same person you were when you first entered your marriage, the same goes for your spouse. After all, this may be why you are now looking into getting a divorce. With this, you may look back on your prenuptial agreement for the first time since you initially signed it, and no longer agree with its written terms and conditions. And so, you may have to take measures to contest its enforceability in your upcoming divorce proceedings. Please read on to discover how to challenge the validity of a prenuptial agreement and how a seasoned New York City prenuptial agreement attorney at Zimmet Law Group, P.C., can work to ensure your argument holds up in court.
When is a prenuptial agreement presumed to be valid?
There are certain legal requirements surrounding a prenuptial agreement that, if closely met, the New York family court may presume as valid and enforceable. Specifically, these prerequisites read as follows:
- The contract must be in writing and signed by both parties.
- The contract must be signed before the wedding ceremony takes place.
- Both parties must sign in the presence of a notary.
- Both parties must enter the contract voluntarily and well-informed.
- Both parties must provide full financial disclosure in the contract.
- Both parties must provide fair and reasonable terms within the contract.
What if I need to challenge the validity of a prenuptial agreement?
You may carry a burden of proof in demonstrating to the New York family court that their presumption of your prenuptial agreement’s validity and enforceability is ungrounded.
For example, say you claim your spouse failed to provide full financial disclosure. Well, you may need to hire a forensic accountant at this time. This individual may effectively unearth any assets, liabilities, income, and inheritances that your spouse may have hidden to blur their true financial standing upon entering your marriage. This may have been in an effort to form a lesser alimony obligation or give up fewer assets in the event of a divorce.
In another example, say you signed the bottom of the written contract, but did so under coercion, duress, or undue influence. Namely, you may argue that your spouse was in a position of greater financial power, and you felt pressured to agree to terms and conditions that they thought were smart. Or, you may state that your spouse went as far as threatening to call off the wedding entirely if you did not put pen to paper. Here, you may have to collect any written communication or witness testimonies during that timeframe.
If you still have lingering questions at this point in time, please do not hesitate to reach out to one of the competent New York City matrimonial and family law attorneys. The team at Zimmet Law Group, P.C. is certain to be the perfect fit for you.
