If your marriage hasn’t been great lately, you may start thinking about divorce, which could involve litigation or a settlement followed by court. More couples than ever now draft prenuptial agreements to make the divorce process easier.
Provided that the document is valid and enforceable, a prenuptial agreement can mean a faster and cheaper uncontested divorce. Will the Kentucky family courts uphold your agreement when you divorce?
Is the contract appropriate and fair?
One of the more common reasons that people challenge prenuptial agreements is that they are unfair or unconscionable. For the courts to uphold a contract, it usually has to offer something of value to both parties signing the agreement. If your prenuptial agreement only protects one spouse, it may be easier for the other spouse to challenge it.
Did both spouses understand what they signed?
Including misleading or deceptive terms in a prenuptial agreement might result in your spouse claiming they didn’t understand what they signed. This risk is particularly high if your spouse did not have their own attorney involved in the creation and signing of the prenuptial agreement.
Can your spouse claim that they signed under duress?
Did you threaten your spouse or demand that they sign the documents? Did they feel like they had no choice because of familial or religious obligations? It can be hard to understand someone else’s state of mind, but if you believe that your spouse was aware of the terms and signed of their own free will, then your prenuptial agreement will likely withstand even a formal challenge in court.
Reviewing your prenuptial agreement and thinking about your potential divorce can help you plan your next step.