Prenuptial and postnuptial agreements are essential in outlining the division of assets and financial responsibilities during a divorce. While these legal documents provide clarity and protection, the court can also invalidate them in certain circumstances.
In Texas, you can challenge a prenuptial or postnuptial agreement if:
One signed it under duress
Duress occurs when someone forces another into signing an agreement against their will. This might manifest as:
- Threats to call off the wedding
- Emotional manipulation
- Physical coercion
If one party had threatened the other with financial ruin or personal harm unless they signed the agreement, the court could consider the agreement void.
It involves fraud or lack of full disclosure
If one party hides or misrepresents their financial situation, the court may consider the agreement invalid. This can include:
- Making false statements about one’s finances
- Intentionally hiding information such as significant debts or inheritances
- Forging financial records or altering the value of assets
Situations in which a spouse does not disclose a significant inheritance, forges financial records or knowingly hides a pending lawsuit or tax liability can be grounds for invalidating a marital agreement.
It is unconscionable
“Unconscionable” agreements are ones in which one person is getting a much better deal than the other even though they both contributed equally to the relationship. Unfair agreements might include provisions where one person gets to keep all the assets while the other person must pay all the debts. Or statements where only one person gets to make all the decisions about the kids while the other person has no say. The court may consider these kinds of agreements or provisions invalid.
One did not agree to it voluntarily
Both parties must enter the agreement without any coercion or undue pressure. Signs that an agreement may not have been voluntary include:
- Rushed decisions
- Lack of legal counsel
- Significant pressure from the other party
Courts have canceled agreements where it was clear that one party did not have sufficient time to consider the terms or seek legal advice.
Not all contracts are set in stone
If you suspect you signed your prenuptial or postnuptial agreement under these circumstances, consult a family law attorney. They can offer personalized guidance on how to move forward and represent your best interests.