Even though you went through the legal procedure of establishing a prenuptial agreement, you may have operated under the assumption that you would never have to use it. And so, you may be left completely distraught and thrown off guard the day your spouse files divorce papers against you. Once you refer back to your long-standing agreement, you may regret what you initially signed off on. Well, in this case, please follow along to find out whether a prenuptial agreement can be challenged in court and how one of the proficient Bergen County prenuptial agreement attorneys at McNerney & McAuliffe can help you fight for this cause if necessary.
Can a prenuptial agreement be challenged in a NJ court?
You cannot contest your prenuptial agreement in front of a New Jersey family court simply because you are no longer aligned with the promises you once made. Rather, there must be a serious issue within this legal contract that should make it invalid and unenforceable. More specifically, you may only challenge it if any of the following circumstances are true:
- You believe your spouse hid assets or significantly underreported their financial standing, in an attempt to keep more assets in the event of a divorce.
- You believe your spouse practiced gross unfairness by writing terms and conditions that virtually left you with nothing in the event of a divorce.
- You believe you have experienced significant life changes that would now make this agreement grossly unfair (i.e., serious illness, job loss, etc).
- You believe your spouse unduly coerced you into signing this legal contract by threatening to cancel your wedding altogether or otherwise.
- You believe you were rushed into signing the contract if you only received it a few days or hours before your wedding took place.
- You do not recall signing a written agreement or doing so in front of a notary before your wedding took place.
What happens if a prenuptial agreement is unenforceable?
Under the rare conditions mentioned above, the New Jersey family court may rule that your prenuptial agreement is indeed unenforceable. If this is the case, they may instead reference the state’s family laws to settle your alimony, child custody, child support, and property division. Generally speaking, these principles are as follows:
- Alimony: generally, one spouse should pay the other spouse until they can gain financial independence.
- Child custody: generally, both parents should have an equal opportunity to maintain a relationship with their child.
- Child support: generally, the noncustodial parent should pay the custodial parent to cover the child’s daily expenses.
- Property division: generally, assets and debts should be split in a manner considered fair and just, but maybe not 50/50.
If you still have lingering questions at this point in time, please do not hesitate to reach out to a talented Bergen County family law attorney. The team at McNerney & McAuliffe is certain to be the perfect fit for you.