Prenuptial agreements aim to protect assets and define financial terms in case of divorce. However, spouses can sometimes challenge these agreements during a divorce, depending on specific legal factors.

Understanding the circumstances under which a prenuptial agreement can be contested is necessary for both spouses.

Failure to disclose assets

A spouse can contest a prenuptial agreement if the other spouse hid assets or debts when signing. Both spouses must disclose all financial details. If one fails to provide accurate information, the court may reject the agreement.

Duress or coercion

If one spouse pressures the other into signing, the prenuptial agreement becomes vulnerable to challenge. The law requires both spouses to enter into the agreement willingly. Signs of threats or manipulation could result in the court voiding the agreement.

Unfair terms

Courts may throw out an agreement if its terms heavily favor one spouse. For example, an agreement that leaves one spouse without adequate financial support can be ruled unfair. New Jersey law ensures that premarital agreements reflect fairness and reasonable asset division.

Lack of legal counsel

A spouse can challenge the agreement if they didn't have the opportunity to consult an attorney before signing. In New Jersey, each spouse should receive independent legal advice to understand their rights. If one spouse did not get proper legal representation, the court could invalidate the agreement.

Challenging a prenuptial agreement requires careful legal strategy, and outcomes rely on the specific facts of the case. Understanding these rules helps individuals navigate disputes in high-stakes divorces.