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Prenups are not impervious to a legal challenge

A few months ago, we wrote a post about prenuptial agreements and how they can prove to be very beneficial for a couple that is about to walk down the aisle. Given their importance and value, you may think that prenups are impregnable contracts. This stigma has followed prenups around for a long time, and the stigma is a myth. In truth, prenups are susceptible to legal challenges if they aren't properly drafted and implemented.

One of the most prominent reasons for a spouse to challenge a prenup is because the contract itself is improper. For example, the prenup can't have certain provisions, such as things that relate to child custody or child support. It also can't contain false information or illegal information -- and if these points can be proven or established, then the prenup can be ruled invalid.

Another cause for a prenup to be challenged is time. As in "I didn't have enough time to review it or comprehend it." Some spouses try to force their husband or wife to sign a prenup mere days or even hours before they get married. This is stressful, and it can cause someone to miss crucial elements of the prenup. If you are getting a prenup, make sure you and your spouse talk it over thoroughly, and that you do so well in advance of your wedding day.

Along the same lines is the concept of "unconscionability." This means that the prenup has to be relatively fair. If the contract favors one spouses too much, the other spouse may challenge it and a judge may deem the prenup "unconscionable."

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