Generally speaking, divorcing spouses will divide marital assets according to state laws. In Texas, community property is recognized, which means that divorcing spouses are likely to split their assets roughly 50/50. However, when a prenuptial agreement is enforced, the division of marital assets will not be subject to state law, and will, instead, be divided in accordance with the agreement.
If you are going through a divorce and you have previously signed a prenuptial agreement, you may be worried about what this will mean for your financial future. You may also wonder whether it is possible to challenge the prenuptial agreement. It is important that you prepare yourself by thoroughly understanding the law.
What can and cannot be included in a prenuptial agreement?
A prenuptial agreement should specifically discuss the division of assets in the event of separation, divorce or death. The way assets will be distributed can be set, as well as the rights each spouse has to sell or lease certain assets. Spousal support arrangements can be made, but any child support arrangements that could adversely affect the child are forbidden.
Can I challenge a prenuptial agreement?
If you no longer want the prenuptial agreement to come into effect, you must show that the agreement is invalid in some way. There are several ways to do this.
You may be able to successfully argue that you were forced into signing the prenuptial agreement. You may have been forced to do so through threats or manipulation, or you may have felt unreasonably pressured into doing so.
Additionally, if either you or your spouse was under the influence of drugs or otherwise mentally incapacitated at the time of signing, the prenuptial agreement could be deemed to be invalid.
Finally, the prenuptial agreement could be proven to be invalid if the agreement was unconscionable. For example, if your spouse was aware that you did not fully understand the terms or if they tricked you in some way, you should make sure to challenge the agreement.
If you want to challenge a prenuptial agreement that you believe does not work in your favor, it is important to take swift action. An attorney can review your situation and explain your legal options.