Prenuptial agreements can address a variety of practical yet personal concerns. Spouses may agree to treat certain assets as separate property or to divide marital resources and income in a specific manner.
Prenuptial agreements can help spouses avoid conflict during divorce, provided that both spouses agree that the contract is valid. In some cases, there may be controversy related to the agreement that necessitates a review by the courts. Sometimes, one spouse may assert that the contract is unconscionable and that it is not valid.
When might a marital agreement be unfair enough for the courts to set it aside?
Each spouse should have protection
Contracts outline the terms of an agreement. They generally clarify expectations for both parties or impose restrictions on their behavior. Prenuptial agreements often include terms that offer financial protection. They should offer benefits to both spouses rather than prioritizing one spouse over the other.
Particularly in scenarios where one spouse requested a prenuptial agreement due to prior success or high-value assets, the terms may focus exclusively on their protection rather than on balanced protections for both spouses. An imbalanced prenuptial agreement may meet the definition of an unconscionable contract.
The courts may determine that prenuptial agreements are unconscionable when they clearly prioritize one spouse over the other. People drafting prenuptial agreements can avoid these predictable complications by having separate attorneys represent each spouse and ensuring that each person integrates protective terms into the contract.
In cases where there are questions about the fairness of a prenuptial agreement, spouses may need help evaluating the agreement and preparing for divorce proceedings. Taking the time to review a prenuptial agreement carefully with a skilled legal team can help ensure the usefulness of the agreement – and the fairness of a settlement – if spouses eventually divorce.