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Transcript:
00:00:02 [Music] A prenup can certainly be challenged in court, but it’s very difficult these days to do so. There are a couple of well-defined reasons to challenge a prenup. One of those would be duress or coercion. Say for example, someone threatened you, forced you to sign a prenup. That doesn’t usually happen. And what we usually see is one future spouse gives the other future spouse a prenup like two days before the wedding and says sign this or I’m not going to marry you. The courts have considered that to
00:00:31 be duress and you’re forced to sign agree that that agreement before getting married. That usually is a good reason to throw it out. So you really want the other side to see that prenup as early and often as possible. If a party fails to disclose their assets or liabilities, that could be considered fraud. If you’re, you know, you’re hiding something from the other spouse, a prenup could be set aside for that reason as well. And then the court can set aside a prenup if they find it to be unconscionable. Technically, you can
00:01:00 enter into agreements that are unfair to the other side, but they just cannot be unconscionable. And I I’ve yet to see one of those. If you have an agreement that gives you all of your assets and all the other side’s assets, and the other side just literally gets nothing and you take all of their stuff away, I think that would be considered unconscionable and a court could set that aside. A lot of people ask if one party doesn’t have a lawyer, can the agreement be set aside? No, you don’t have to have counsel. It really helps,
00:01:24 but that’s not grounds for set aiding a prenup. [Music]