If you signed a prenuptial agreement before walking down the aisle, you certainly are not alone. In fact, according to reporting from CNBC, family lawyers have seen about a 500% increase in prenups in the last 20 years. These agreements are particularly popular with younger adults.
Now that you are heading for an inevitable divorce, you may not love the terms of your prenuptial agreement. If the agreement seems unfair to you, you may wonder whether you are stuck with it. The answer probably requires a careful review of both the law and your situation.
Prenuptial agreements are enforceable
Texas law places few restrictions on prenuptial agreements. For your agreement to be valid on its face, it must be in writing and bear your signature and your spouse’s. You also must have signed it before you said, “I do.” Provided your agreement meets the legal requirements for validity, you can expect a court to want to enforce it.
Prenuptial agreements are voidable
Even if your prenuptial agreement appears to be valid, you may have a reason to ask a court to void it. The following circumstances may render your prenup voidable:
- Your spouse forced you to sign it
- You did not have all of the relevant information when you signed the agreement
- The agreement unfairly benefits your spouse to your detriment
There is extensive case law on each of these factors, so it is critical to review the case law to determine your odds of getting out of your prenuptial agreement. Ultimately, though, if you can prove your prenup is either void or voidable, you may not have to comply with its terms.