If you have a prenuptial agreement, you are far from alone. In fact, according to reporting from Money Under 30, family law attorneys have seen a 62% spike in the number of prenup requests recently. Still, depending on what your agreement says, you may not be entirely happy with it.
While judges in the Lone Star State and elsewhere tend to give considerable deference to prenuptial agreements, you may have some wiggle room. That is, you may have grounds to get out of your prenup.
In theory, both individuals should have all available information before signing a prenuptial agreement. If your spouse withheld financial information or other material details, your agreement may not be legally valid.
Likewise, you should have signed your prenuptial agreement voluntarily. If your spouse coerced you into executing the agreement by making threats, your agreement may be voidable. Therefore, you should think back to the weeks, days and hours before you signed the agreement.
Some prenuptial agreements are so unfair they become unconscionable. If your agreement is overly favorable to your spouse, you may be able to convince a judge to question it. Nevertheless, if duress or fraud are not present, a judge may decide to enforce the prenuptial agreement.
There are certain formalities prenuptial agreements must follow. If yours is missing any of these, you may be able to get out of it. Consequently, it may be worthwhile to ask an attorney to take a look at your agreement.
Ultimately, if you are contemplating ending your marriage, exploring the enforceability of your prenuptial agreement is likely to be one step in your divorce-planning process.