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Discussing prenuptial agreements, Pt. 3

Last week we continued our discussion about prenuptial agreements, and today we will be concluding our three-part series on this important contract that deals with marriage and divorce. We've discussed "the talk." We've discussed the ins and outs of prenup provisions. And now, we are going to talk about the possible reasons and causes for someone to legally challenge a prenuptial agreement.

Given the topic here, it should come as no surprise that we are dispelling the myth that prenups are ironclad contracts that can't be overturned by legal action. They are not impregnable contracts, as some would have you believe.

One of the main reasons a prenup is challenged is because of time. We mean this in a general sense. If you weren't given enough time to consider the prenup before signing it, then it could be challenged. If you didn't read it or were pressured into signing it, then it could be invalidated.

Another major reason a prenup gets challenged is because of the information it contains. If one of the spouses lied about his or her situation or fabricated information to favor him or her, then the prenup could be invalidated. If information was left out or "conveniently forgotten," then you could challenge the prenup.

Last but not least, the prenup has to be "fair." Obviously, it won't necessarily be equal in every case. But if the document is "unconscionable" -- that is, if a judge looks at it and says it too heavily favors one spouse over the other -- then parts of or all of the prenup could be invalidated.

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