In the state of Texas, prenuptial agreements are generally upheld. However, certain grounds exist that could lead to the overriding of such agreements.
Understanding these grounds is important for couples contemplating or currently bound by a prenup.
Coercion or duress
One significant ground for overriding a prenuptial agreement is the presence of coercion or duress during its creation. If one party can demonstrate that they signed the agreement under pressure or unfair circumstances, the courts may deem the signing involuntary. Courts are vigilant in ensuring that both parties enter into agreements willingly and without any form of undue influence.
Inadequate disclosure
Another factor that might lead to the overriding of a prenup is inadequate disclosure. Couples must view the creation of a prenuptial agreement as a collaborative and open process aimed at securing the financial well-being of both parties.
To that end, both parties should provide complete and transparent information about their financial situations. If one party conceals assets or fails to disclose relevant financial information, it may undermine the validity of the agreement.
Unconscionability
Courts emphasize fairness in legal agreements, including prenups. In some circumstances, enforcement of a prenup is unconscionable, meaning it is extremely one-sided or unjust. If that is the case, the court may intervene to protect the rights of the disadvantaged party. This underscores the importance of crafting prenuptial agreements that reflect a reasonable and equitable distribution of assets and liabilities.
Although prenuptial agreements exist to provide clarity during a divorce, they are not written in stone. Seeking solid professional advice helps to ensure your agreement stands up to legal scrutiny.