There are three common grounds that can lead to the nullification of a prenup. They are duress or coercion, failure to disclose, and unconscionability.
It is important for there to be disclosure in every prenuptial agreement. How property division and alimony will be decided will depend on the income of your spouse and their wealth. If they hid their properties or failed to tell you about any valuable business that they have it can be argued that you did not know the rights that you gave up when you signed the agreement.
Unconscionability can be argued in the case where the agreement is clearly unfair to one of the parties involved. Even so, you should note that the agreement will not be automatically deemed unconscionable just because a spouse is getting more than the other under the set terms.
The prenup can be invalidated as a result of duress or coercion. In a situation where the prenup is presented to a party before they get married, it can show that the party did not have enough time to review the agreement fully. This can lead to the presumption that one of the individuals felt forced to sign the agreement so the wedding can move forward.
If through the evidence you have you have strong reasons to believe that you can challenge the contents of your prenup you can get in touch with our divorce attorney and we can discuss what’s in your prenup and come up with the right argument to challenge the prenuptial agreement.