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Colorado Family Law

Can you contest that prenup?

You ask for a divorce, and your spouse reminds you of the prenuptial agreement that you have in place. It severely limits your ability to seek what you consider a fair property division solution. Your spouse tells you that there is nothing you can do and that, if you want to get divorced, you have to abide by the prenup.

Is that true? It may be. A prenuptial agreement is a legally binding contract. It does carry a lot of weight.

That said, it may not be as ironclad as your spouse believes. There are reasons you can contest a prenup and have it overturned. Every situation is unique. Consider yours carefully. A few potential reasons why you may contest the prenup include:

1. You never got it in writing

Some people rely on oral prenups, which are little more than handshake deals. Maybe your spouse is reminding you of something you said back when you got married. Don't worry. They can't enforce an oral prenup. If it's not in writing and filed properly, it's not going to stand.

2. You signed it under duress

Maybe you were afraid of your spouse and what they would do to you, either physically or emotionally. They demanded a prenup and threatened you if you refused to sign. As a result, you signed the document despite not agreeing with it. This duress could mean it's invalid.

3. You signed it with no time to consider it

You deserve time to carefully consider the prenup in advance. If they sprang it on you the morning of the wedding and made you sign, it's not going to stand. That's just not enough time to think about what it really means and make a rational decision. This can also be considered duress, as you would have a lot of money -- and your reputation -- on the line.

4. It's too lopsided in their favor

A prenup does not have to be perfectly equal when splitting up assets, but it can't just take advantage of you. It's not a way for your spouse to exploit your emotions to steal your assets in a divorce. An absurdly lopsided prenup probably will not stand.

5. Your spouse lied or hid assets

You deserve to know what you're agreeing to. If your spouse hid assets or lied to you while you signed the prenup, that can invalidate the entire agreement. They have to offer full disclosure of all assets and allow you to make an informed decision at the time of signing.

Your options

These are just five of the reasons you may contest a prenup. Make sure you understand exactly what options you have moving forward in Colorado.

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McGuane & Hogan, P.C.
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Denver, CO 80209

Toll Free: 800-574-3771
Phone: 303-691-9600
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