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Invalidating a prenuptial agreement

Being asked by his or her fiancée to sign a prenuptial agreement may come as a shock to one preparing to be married in Germantown. Yet for as unromantic a notion as that may seem, many across the country are increasingly choosing to sign such compacts. In fact, information compiled by the American Academy of Matrimonial Lawyers and shared by CNBC shows 63 percent of attorneys report a marked increase in the number of couples seeking prenuptial agreements in recent years.

Yet while many experts may recommend that couples sign a prenuptial agreement, having one does not mean that one side of such an accord may not end up being disadvantaged by it. In such a case, he or she may attempt to argue that the agreement shared with his or her soon-to-be ex-spouse should be invalidated.

Some may immediately respond to such a request by saying that whomever is making it should have never consented to the agreement in the first place. However the court may consider such a petition if it has cause to believe that one side did not operate in good faith when entering into the agreement. The Tennessee Bar Association states that such agreements are only valid if:

  •          Both sides initially agreed to it
  •          Both sides operated in good faith
  •          One party did not exert duress or undue influence on the other in signing it
  •          Both sides where knowledgeable of other’s financial situation

It goes on to say that when the notion of knowledge is challenged, the burden of proof lies on the party attempting to enforce the agreement to show that he or she fully and fairly disclosed all of his or her holdings to the other, or that the other’s familiarity with his or her finances made such a disclosure unnecessary.

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7642 Poplar Pike
Germantown, TN 38138

Phone: 901-443-4599
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