Just because you don’t like your prenup doesn’t make it void

On Behalf of | Jun 4, 2015 | Property Division |

Let’s say for a moment that you are getting a divorce and have just begun the process of property division. Unlike most couples, you and your spouse signed a prenuptial agreement before getting married, which means just about all of your property has already been divided and is ready now for distribution.

If you’re like most people though, you probably haven’t looked at your prenup in more than a decade. But after reviewing the language of the document, you start to have regrets about signing it in the first place. Perhaps it’s because you became attached to your marital home that you waived your right to in the event of a divorce. Or perhaps you’re annoyed that you will now be responsible for some of your spouse’s debt. Whatever the reason, you should know that regret isn’t cause here in New Jersey to void a prenup.

Under New Jersey law, a person must be able to prove that they involuntarily or unconscionably signed their prenup before the courts will consider voiding this legal document. It’s worth pointing out that the burden of proof is on the spouse alleging that the prenup is unenforceable. This can be challenging though if you only have a general understanding of the law and no formal legal background to help you argue your case.

Getting a lawyer may help, but you will still need to be able to convince the court that you signed your prenup unwillingly. As you can see, simply having regret is not enough in the eyes of the courts, which is why all couples in New Jersey should talk to a lawyer and know what they are waiving their rights to before it turns into a legal issue down the road.



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