Menu Contact
Law Offices of Lisa A. Ruggieri
Schedule A Consultation 781-489-3759

Getting a prenup? Know the contract's limits.

A couple of weeks ago, we wrote a post about marital contracts. More specifically, we talked about prenuptial agreements. Prenups are valuable contracts that can help many couples address some critical issues in marriage and divorce. Financial considerations can be made, as well as provisions that help protect your family business and your estate plan.

However, the prenuptial agreement has a couple of stigmas attached to it. First, many consider it to be an anti-love contract that is actually a predictor of divorce. This simply isn't true. Prenups are merely documents that plan for a divorce should one happen. Prenups don't predict divorce. Second, many think that a prenup, once signed, is legally impregnable and that there is no recourse for them if the prenup is unfair.

Again, this isn't true. There are many ways to challenge a prenuptial agreement, and one of the reasons is if the prenup is unfair to one of the spouses. This is called "unconscionability." When a prenup clearly favors one spouse over the other, a judge could determine that the contract is "unconscionable" and either strike down the entire prenup, or just part of the contract.

You can also challenge the prenup if you weren't given enough time to fully consider the contract. For example, if your spouse forced you to sign the document quickly, or if didn't read it or have the time to read and consider it, then you could mount a legal challenge against the prenuptial agreement.

Source: FindLaw, "Top 10 Reasons a Premarital Agreement May be Invalid," Accessed Aug. 4, 2016

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact Our Law Firm

To make an appointment, call 781-489-3759 or send an email to schedule an initial consultation. We serve clients throughout the Boston area. Our firm can take your call 24 hours a day and meet with you during business hours, evenings and weekends. For your convenience, we accept Visa and MasterCard.

Bold labels are required.

Contact Information
disclaimer.

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.

close

Privacy Policy

Location

27 Mica Lane, Suite 101
Wellesley, MA 02481

Phone: 781-489-3759
Phone: 781-239-8984
Fax: 781-239-8986
Wellesley Law Office Map

Law Offices of Lisa A. Ruggieri

Phone/Fax

781-489-3759 781-239-8986 - Fax