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What scenarios can lead to a prenuptial agreement being appealed?

A couple of months ago, we wrote a post about prenuptial agreements and the terms and information that Texas law forbids in these important contracts. Let's continue that conversation, but take it in a slightly different direction: How could a prenuptial agreement, which is usually portrayed as an impenetrable contract that can't be appealed, be challenged by one of the spouses involved?

An obvious way that a prenup can be legally challenged is if it isn't in written form. A verbal agreement does not constitute a prenuptial agreement, and thus it is invalid. In addition, the written prenup must be signed by both parties before the wedding -- otherwise it constitutes an improper agreement.

Speaking of the wedding, you should make sure that you and your spouse have enough time to consider the prenup before signing it. If you pressure your spouse to sign right before you say your vows, your spouse could challenge the prenup if a divorce occurs down the line. Both spouses need time to read and fully consider the prenup.

Another way the prenup can be challenged is if the information contained within it is invalid. You have to provide accurate and proper information for the prenup, and the provisions that the contract contains can't be invalid. Additionally, the contract can't be "unconscionable," which means that the terms and conditions of the prenup can't be so unfair that one spouse is clearly getting the worse end of the deal. In such scenarios, a court would likely rule that the prenup is invalid.

Source: FindLaw, "Top 10 Reasons a Premarital Agreement May be Invalid," Accessed Aug. 27, 2015

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