Defending a premarital agreement

 Posted on September 26, 2025 in Divorce

A premarital agreement is designed to detail how property will be split if a couple later gets divorced. In order to be valid, the agreement must meet some strict formal and technical criteria.

Since the premarital agreement limits what they will receive, a spouse might want to challenge it when the divorce gets underway. When crafting the agreement or updating it based on changes in circumstances during the marriage, it is important to understand how to ensure it will be valid and withstand a challenge.

A valid premarital agreement must stand up to scrutiny

Premarital agreements are designed to provide a sense of certainty for both parties if the marriage does not work out and they get divorced. For example, if a person entered the union with significant assets while the other person had less, there will be limits on property division and spousal support.

Still, there are ways a person might question the agreement and claim it should be deemed invalid. It is imperative for the person who wants to retain their property and avoid long-term support payments to create a document that checks all the boxes.

The tenets for a premarital agreement being valid are key. The agreement needs to be executed voluntarily. It is not uncommon for people to manipulate others into signing the agreement by coercing them or pressuring them. If this did not happen, then the agreement should be fine.

The court also looks for fairness. An unfair agreement would be referred to as "unconscionable." An extremely one-sided agreement could be deemed unconscionable and lead to it being declared invalid.

In addition, the parties must have a full and financial disclosure prior to the agreement. If a person hid assets or was not upfront about what they owned, it could jeopardize the agreement and put the pieces in place for it to be invalidated.

Make sure to know how to defend a premarital agreement's validity

If the person who stands to receive less was apprised of the ramifications of signing the agreement, had time to assess it, and received independent counsel, the agreement will likely stand up to questioning. But that does not mean the challenge should be taken lightly. For assistance with a premarital agreement being challenged during a divorce, having legal assistance is essential.