Prenuptial Agreements & Divorce: What Happens After You Sign?

Prenup Panic: What Happens If You Sign One & Then Get Divorced?

Prenuptial agreements (prenups) are often seen as a safeguard, but what happens when divorce becomes a reality? Many people assume that signing a prenup guarantees financial security and clarity, but the truth is—some prenups don’t hold up in court. If you’re going through a divorce and have a prenup in place, here’s what you need to know.

Can a Prenup Be Thrown Out?

Yes! While prenuptial agreements are legally binding, they aren’t invincible. A court can invalidate a prenup if:

• It was signed under duress – If one party was pressured or coerced into signing, the agreement may not be enforceable.
• It contains unfair or unconscionable terms – If the prenup heavily favors one spouse while leaving the other in financial hardship, a judge might overturn it.
• There was no legal counsel – If you signed without having independent legal advice, the court might question its fairness.
• It contains errors or ambiguous clauses – Poorly drafted agreements with vague language can be challenged.

What Happens If You Signed Under Pressure?

Timing plays a huge role in whether a prenup holds up in court. If you were presented with the agreement just days before your wedding and felt pressured to sign, it could be invalidated. Courts take coercion and undue influence seriously—if you can prove that you didn’t have enough time to review the document properly, your prenup might not stand.

Can a Prenup Protect Everything?

Not quite. Prenups can outline asset division, debt responsibility, and certain spousal support terms, but there are limitations:

• Child support – No prenuptial agreement can waive or limit child support payments. The court prioritizes the child’s best interests over any private agreement.
• Some aspects of spousal support – Depending on jurisdiction, a prenup cannot completely waive spousal support if it would leave one party in extreme financial hardship.
• Illegal or unethical clauses – If a prenup contains terms that violate the law (e.g., waiving parental rights), it won’t be enforced.

Does Your Prenup Hold Up in Court? Let’s Find Out.

Navigating a divorce with a prenuptial agreement can be complex. If you’re unsure whether your prenup is enforceable, consulting with an experienced family lawyer is crucial. At Adlai Law, we help clients understand their legal rights and options.

📞 Book a consultation today to see if your prenup will stand the test of divorce.

We care about your issues and will zealously fight for your rights. Call us now on: (519) 259-1447