If you’re considering divorce or you believe your spouse is, you might be reviewing your prenuptial agreement for the first time since you put it in place before you said “I do.” Unless you included a “sunset clause” in it with some type of expiration date, the terms of that prenup can be invoked if you divorce.
That doesn’t necessarily mean that all the terms will hold up in court. If you and your spouse both had solid legal guidance when negotiating and signing the prenup, it’s more likely to be ruled valid if one of you challenges it.
Often, however, that’s not the case. If you weren’t the one who wanted a prenup, you may have just signed it without even having an attorney look at it. That’s how people sometimes end up with an agreement that is grossly one-sided or otherwise unfair. It may even be considered “unconscionable.” When any contract is deemed to be unconscionable, it may be ruled unenforceable.
Elements of unconscionability
“Elements of unconscionability” include terms that give one party more considerably more rights and benefits than the other. They also include things like the following:
- An imbalance of power between the parties
- Deceptive clauses
- Confusing clauses that can be misinterpreted
- The use of pressure, coercion or threat on a party to sign
When it comes to a prenup, that pressure can even include being presented with a prenup to sign a week before the wedding when invitations have been sent and deposits on venues and services have become nonrefundable.
You don’t have to be trapped in an unconscionable or otherwise invalid prenup. It’s important to get experienced legal guidance to review the document and determine what terms can be challenged. This can help you protect your rights and your future.