Lincoln & Wenk, PLLC
View Blog Navigation

There are indeed ways that a prenup can be challenged

Everyone has an uneasy feeling in the pit of their stomach when they sign an important contract. The details, the fine print, the intentions of the other person or party in the contract -- all of these things can instill fear in our hearts. We bring this up in the context of prenuptial agreements because there is so much at stake with a prenuptial agreement that it is easy to feel like you may be taken advantage of.

"Unconscionability" is just one of a handful of reasons that a prenuptial agreement can be considered illegal or illegitimate, and it covers the idea of an unfair contract. The spouses that enter into a prenuptial agreement need to be treated fairly as per the provisions in the prenup. If the contract is extremely unfair to one of the spouses, a judge is unlikely to deem the contract (the whole contract, or just parts of the contract) valid.

There are other factors that could lead to a prenup being deemed invalid:

  • Time. Time is a huge factor, in the sense that you need to be given an appropriate amount of time to fully consider the prenuptial agreement. If you are pressured into signing, then the contract could be invalid.
  • Information. The information contained within the prenup has to be legal, truthful and compliant with the law. Otherwise, a judge may throw out part of, or all of, the prenup.
  • Independent counsel. Both spouses need their own lawyers, otherwise there could be a conflict of interest and the prenup could be tossed as a result.

Source: FindLaw, "Top 10 Reasons a Premarital Agreement May be Invalid," Accessed Oct. 5, 2016

No Comments

Leave a comment
Comment Information
  • Super Lawyers
  • 2015 ARAG | Elite Service Provider
  • AV | Peer Review Rated for Ethical Standards & Legal Ability | Preeminent | Martindale-Hubbell from LexisNexis
  • American Association for Justice | Formerly the Association of Trial Lawyers of America (ATLA)
  • Arizona Association of Family Law Attorneys - AZAFLA
  • Lincoln & Wenk, PLLC BBB Business Review
  • Association of Top 100 2019 | American Trial Lawyers
  • American Academy Of Trial Attorneys | AATA | Premier 100 | 2015
  • Family Law | Top 10 | Attorney And Practice Magazine's | 2018 | Attorney
  • Top Valley Lawyers 2017 | North Valley Magazine
  • American Institute of Family Law Attorneys | 10 Best 2017-2018
  • Veteran Owned Business - A Registered Vetrepreneur on Buyveteran.com - 2014
  • Avvo Top Attorney
  • Avvo Client's Choice
Email Us For A Response

Need legal help from an attorney?
Contact us now to schedule a consultation with our lawyers

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Goodyear Office:
1616 North Litchfield Road
Suite 140
Goodyear, AZ 85395

Phone: 623-748-4890
Fax: 623-536-1984
Goodyear Law Office Map

Peoria Office:
14050 N. 83rd Avenue
Suite 290
Peoria, AZ 85381

Phone: 623-748-4890
Fax: 623-536-1984
Peoria Law Office Map

Phoenix - Desert Ridge Office:
20830 N. Tatum Blvd
Suite 210
Phoenix, AZ 85050

Phone: 623-748-4890
Fax: 623-536-1984
Phoenix Law Office Map