What are the limitations of prenuptial agreements?

On Behalf of | Jun 13, 2019 | Divorce

Prenuptial agreements are becoming increasingly popular in today’s society. This is because there is a trend of increased financial independence within couples, whether married or not. Couples are less likely to adopt the philosophy of “what’s mine is yours” in their relationship, because it is likely that they both earn an income of their own.

Prenuptial agreements serve a great purpose because they help to simplify the financial aspects of a divorce ahead of time. However, they do have certain limitations. If you are considering filing for divorce and you already have a prenuptial agreement in place, it is important that you take the time to understand the nature of these limitations.

Children always take priority

If the courts believe that a child will suffer as the result of a prenuptial agreement, they will choose to override it. All family law issues prioritize the wellbeing of the child above everything else. Therefore, if one parent will be unable to provide their child with the quality of life that they are accustomed to as a result of the prenuptial agreement, it will not be enforceable.

Prenuptial agreements can be easily challenged

If one spouse is unhappy with the prenuptial agreement at divorce, they may be able to successfully challenge it. They could argue that they were pressured into signing the agreement, or that they were not aware of what they were signing.

If you want to know more about enforcing your prenuptial agreement upon divorce, it is important that you plan ahead and create a strategy before filing. This will give you the best chance of being successful.