Although Millennials and Gen Z are getting married at lower rates than previous generations, when they do get married, a significant percentage of them create and sign a prenuptial agreement. This is partly because they tend to get married at older ages and have more value in their personal belongings than previous generations. It is also in part because they have a heightened consciousness of the likelihood of divorce and its financial risks.
Whatever the reason for creating a prenup, spouses may find that, faced with the prospect of divorce, their prenup no longer serves their interests or perhaps never did. An outcome that may not seem so bad in theory may suddenly sound terrible in practice. In cases like this, it is only natural to wonder whether the terms of a prenup can be disputed in court.
What Can Invalidate a Prenup?
The first thing that could invalidate a prenup is if both spouses simply agree not to abide by its terms. However, if one spouse is put at a disadvantage because of a prenup, it is unlikely that the other spouse will be willing to give up their advantage. Other options, then, are necessary.
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