Reasons a spouse could challenge a prenuptial agreement during divorce

A prenuptial agreement is supposed to give you and your spouse assurances of how the two of you would divide your property if you ever get divorced. Most of the time, both sides honor the terms of a prenup, and the divorce goes fairly smoothly.

Other times, one spouse challenges the validity of the prenuptial agreement. This can happen when one spouse is the primary or sole breadwinner and brought considerable wealth into the marriage. If someone going through a divorce in Colorado wants the Family Court judge to throw out their prenuptial agreement, there are several legal bases for doing so.

  • You signed the prenup while under undue influence from your then-future spouse or someone else. No prenup or other contract signed by someone pressured to the point that they could not exercise their free will is legally valid.
  • Your spouse did not give you enough time to review the agreement, or let you read it before signing.
  • You and your spouse drew up a subsequent pre- or postnuptial agreement that supersedes the agreement your spouse is trying to use now.
  • The agreement was not properly executed

Celebrities and other wealthy people often use prenuptial agreements to protect themselves when getting married, especially later in life. For example, hip-hop artist and producer Dr. Dre had one drawn up when he married his current wife. The couple is currently getting divorced, and Dre’s wife is claiming that she felt pressured and “backed into a corner” to sign the agreement and that Dre later agreed to destroy it. She is asking the judge presiding over their divorce to invalidate the agreement.

Preserving your property rights in a prenuptial agreement dispute

Whether you are challenging a prenup, or you are fighting to preserve one, the best thing you can do for yourself is retain a divorce attorney who understands the complexities of prenuptial agreements, property division and how things really work in high-wealth divorce proceedings in Colorado.

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