Experience You
Can Rely On

4 reasons reasons prenups get challenged

On Behalf of | Oct 27, 2023 | Prenuptial and Postnuptial Agreements |

A prenuptial agreement, or prenup, is a written contract that outlines the division of assets and debts in case of divorce.

While these documents can serve as safeguards for both parties, there may be situations where one wishes to challenge their terms.

1. Inadequate disclosure

When entering into a prenup, it is important that both parties fully disclose their financial situations. If one spouse conceals assets, liabilities or income, it can be a valid ground for challenging the prenup. Colorado law requires complete transparency in these agreements to ensure fairness.

2. Coercion and duress

Each party must enter the prenuptial agreement voluntarily and without any undue pressure. If one party can demonstrate that they signed the prenup under duress or coercion, it may be subject to challenge. Such situations could involve threats, manipulation or any form of intimidation that compromises a person’s free will.

3. Unconscionable provisions

Prenups must be fair and reasonable. If a prenup contains terms that are patently unfair or greatly favor one party to the detriment of the other, a court may find these provisions unconscionable. Unfair provisions can include extreme financial disparities or clauses that seem to violate public policy.

4. Lack of legal counsel

Colorado law does not mandate that individuals seeking prenuptial agreements must have legal representation. However, if one party did not have the opportunity to consult with an attorney or if they signed the agreement without a clear understanding of its terms, this can be a basis for challenge.

In a world where love and contracts sometimes coexist, prenups are on the rise. In a 2022 survey, 15% of married or engaged respondents signed a prenup. While prenups are legal documents, they are not always ironclad.

FindLaw Network