Are you stuck with a prenuptial agreement in divorce?

On Behalf of | Dec 18, 2023 | Divorce |

When a marriage ends in divorce, individuals often grapple with legal matters, including the terms in their prenuptial agreements. In Texas, prenuptial agreements are legally binding contracts that dictate the division of assets, spousal support and other pertinent issues.

A question may arise: What happens if one party perceives the prenuptial agreement as unfair during the divorce proceedings?

Why would this happen?

Couples sign prenuptial agreements before marriage to establish the financial terms of their union. In fact, as many as 15% of adults in the United States may have a prenup.

These agreements aim to provide clarity and prevent disputes in case of divorce. However, circumstances may change over time, leading one spouse to believe that the terms are no longer equitable.

Is feeling stuck inevitable?

While a sense of being stuck may initially prevail, Texas law does allow individuals to challenge the terms of a prenuptial agreement under certain circumstances. The court may consider factors such as coercion, fraud or a lack of full disclosure during the agreement’s creation. If any of these elements are present, it may open the door for the court to reevaluate the fairness of the prenuptial agreement.

What about a substantial change in circumstances?

Another avenue for contesting a prenuptial agreement is demonstrating a significant change in circumstances. If, for example, one spouse experiences a substantial decrease in income or faces unexpected financial challenges, the court may be more inclined to reassess the fairness of the agreement. However, the burden of proof lies with the individual seeking the modification.

By understanding the circumstances under which someone can challenge a prenuptial agreement, individuals can navigate the complexities of divorce to achieve a more equitable outcome.



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