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5 possible grounds to challenge a prenuptial agreement

On Behalf of | Jan 8, 2024 | Divorce

Marriage is a solemn commitment for many people. It involves a fair degree of uncertainty, and a prenuptial agreement is one way to mitigate the unpredictability of the future.

However, there are situations where individuals in Minnesota may seek to challenge the validity of such agreements during a divorce proceeding.

1. Lack of full disclosure

One potential ground for challenging a prenuptial agreement is the absence of full disclosure. In Minnesota, both parties must provide complete and transparent information about their assets, debts and financial situations. If one party fails to disclose pertinent information, the agreement may be invalid.

2. Coercion or duress

Another factor that may render a prenuptial agreement vulnerable to challenge is the presence of coercion or duress. If one party can demonstrate that they signed the agreement under pressure, threats or any form of undue influence, the court may question the enforceability of the contract.

3. Unconscionability

An important aspect is whether the terms of the prenuptial agreement are unconscionable. This means that the agreement’s provisions are so one-sided or oppressive that enforcing them would be fundamentally unfair. If a party can prove that the terms are grossly unjust, the court might invalidate the agreement.

4. Lack of legal representation

Minnesota has 4.8 marriages per 1,000 people, and some of these unions involve prenuptial agreements. However, if one party can demonstrate that they were not given a fair opportunity to consult with legal counsel or did not fully comprehend the agreement’s implications, it could be a basis for challenging its validity.

5. Execution formalities

Minnesota law dictates specific formalities for executing a valid prenuptial agreement. Failing to adhere to these formalities, such as proper signing and witnessing, may provide grounds for challenging the agreement.

Prenuptial agreements are legal instruments to safeguard individuals’ financial interests in marriage. However, certain circumstances may warrant a closer examination of the agreement’s validity in Minnesota.