Prenuptial Agreements Aren’t Always Enforceable
Many individuals with high net worth enter marriage believing that a prenuptial agreement (prenup) will fully protect their assets in the event the marriage ends. However, prenups are legal contracts, and like any contract, they must meet certain legal standards to be enforceable. Courts can set aside a prenup if it fails to protect the rights of both parties or if the agreement wasn’t executed properly.
Even when a prenup is valid, it may only protect the original value of assets, not their appreciated value or income earned during the marriage. If one spouse can show that their efforts contributed to that appreciation, a court may determine that portion to be marital property and subject to division.
Experienced Representation in Prenuptial Agreement Disputes
At Stange Law Firm, we provide experienced legal representation for clients involved in prenup litigation, whether you’re seeking to uphold or challenge the terms of an agreement. Our attorneys understand the complex financial and legal issues that arise in these disputes and work diligently to protect your interests.
Attorney Kirk Stange has even authored a book on the subject through Thomson Reuters (Aspatore Publishing) titled Prenuptial Agreements Line by Line.
Our firm handles cases involving:
- Characterization of separate vs. marital property
- Appreciation of business or professional practice value
- Transmutation of assets, including investments and retirement accounts
- Valuation of career or education contributions
- Disputes over marital debts or contested agreements
Understanding the Legal Requirements
For a prenuptial agreement to hold up in court, certain conditions must be met. Agreements signed on the day of the wedding, or without independent legal counsel for both parties, are often found unenforceable. Ensuring these requirements are met is crucial to protecting your rights.
To learn more, read our article by Kirk Stange: Ways to Invalidate a Prenuptial Agreement
Contact Stange Law Firm Today to Schedule a Consultation
If you are facing a dispute over a prenuptial agreement, contact us online or call 855-805-0595 to schedule a confidential consultation with one of our experienced domestic litigation attorneys.
