If it looks like divorce is in your future after years or maybe decades of marriage, you may have almost forgotten that you and your spouse signed a prenuptial agreement before you married.
Sometimes, people think that a prenup signed long ago is no longer valid. That’s not necessarily true. Unless you included a “sunset” provision that put an expiration date on the prenup (for example, 10 or 20 years), it can still be considered a valid contract.
At least that’s the case unless there’s something in the prenup or the circumstances under which it was signed that invalidates it. In some cases, a prenup may be deemed “unconscionable.”
What could make a prenup unconscionable?
In legal contracts (including prenups), “unconscionable” means that something about it is unreasonably unfair to one of the parties – even though they signed it. For example, if one party agreed to take only the assets they brought into the marriage if the couple divorced or one party gave up their right to seek alimony under any conditions, such provisions could be deemed unconscionable.
Often, when people (especially young couples going into their first marriage) draw up a prenup, they have a hard time seeing what the future might bring. A lot of things can change over the years.
It is typically not a good idea for a person to negotiate or sign a prenup without a legal professional whose job it is to try to protect that person’s future and advise against signing away anything important. Certainly, no one should be pressured into signing a prenup – and certainly not without being given the chance to ensure fair terms for themselves.
A thorough review of the prenup before divorce is important
Whatever the circumstances were when a prenup was signed, the terms aren’t necessarily binding – especially if they weren’t fair to begin with or ensuing circumstances have made them unfair.
Getting a legal review of a prenup is an important early step to take before beginning the divorce process. This can help a divorcing spouse better determine whether to seek to scrap all or parts of the prenup or to use it as a good starting point for divorce negotiations.
