Can a Prenuptial Agreement Be Contested in Pennsylvania?Prenuptial agreements are designed to protect the interests of both spouses in the event of a divorce, However, in some cases, the terms of a prenup may be unfair or the contract may be legally unsound. At Gross McGinley, LLP, our family law attorneys assist clients with the thorough legal process involved in creating prenuptial and postnuptial agreements, as well as challenging those agreements.What is a Prenuptial Agreement?A prenuptial agreement, or prenup, as it is commonly known, is a contract that two people enter into before marriage to outline the financial obligations and rights of each party. Prenuptial agreements are designed to provide clarity about financial arrangements during a marriage and asset division in the event of divorce or death. A prenup may address financial issues such as property rights, assets, debts, spousal support and alimony, and other financial matters. A prenuptial agreement should contain a listing of assets of each party, so that a full and fair disclosure is made prior to signing.Grounds for Challenging a Prenuptial Agreement in PennsylvaniaPrenuptial agreements are usually given considerable weight by Pennsylvania courts. However, it is possible to contest a prenuptial agreement if you have sufficient grounds to do so. Legal grounds for contesting a prenuptial agreement include: Involuntary agreement or duress: If a spouse can demonstrate, by clear and convincing evidence, that they signed the agreement under duress, coercion, or undue influence, it may be invalidated. For example, if someone was pressured into signing a prenup days before their wedding without an opportunity to review it or seek legal advice, this could be considered nonvoluntary. Lack of capacity: If it can be proven that a spouse lacked the mental capacity to understand the terms of a prenuptial agreement at the time of signing, it may be deemed invalid. Mental illness, intoxication, and coercion are common factors that could be at play in this type of situation. Unreasonable terms: If the terms of a prenup are blatantly unfair or one-sided, a court may decide not to enforce them. In these circumstances, one spouse typically stands to gain significantly at the expense of the other, especially if there is a lack of opportunity to negotiate. Fraud or misrepresentation: If one spouse engages in fraudulent behavior or misrepresents their assets, debts, and other financial information, a prenup may be challenged. Illegal clauses: Certain clauses in a prenuptial agreement may be deemed unenforceable if they do not adhere to the law. For example, a clause that attempts to dictate the terms of child custody or support may not be included in a prenuptial in Pennsylvania. That’s why it’s important to seek the advice of a family law attorney to ensure any contract you create adheres to the law.How to Contest a Prenuptial AgreementContesting a prenuptial agreement in Pennsylvania usually involves filing a legal challenge in court. It’s important to understand the burden of proof rests on the person challenging the prenuptial agreement. Having a family law attorney assist you ensures that requirements such as filing deadlines, proper service of documents, and adherence to court rules and procedures are met and can help you avoid pitfalls that could jeopardize your case.A Family Law Attorney Can Help You Gather Evidence and Build a Solid CaseTo achieve a positive outcome, it’s essential to gather relevant evidence and build a compelling case that shows why a prenuptial agreement should not be enforced. Financial records, witness statements, and other documentation may be valuable evidence that supports grounds for contesting a prenuptial agreement. Examples of this evidence may include: Financial records or expert testimony that demonstrates fraud or misrepresentation of assets, income, or debts Legal analysis of the agreement that identifies terms or provisions that may be illegal or unfairly favor one spouse Medical records or witness testimony that shows a lack of mental capacity Witness testimony or affidavit attesting to instances of coercion or undue influence Evidence specific to your caseAn experienced family law attorney knows what type of evidence to gather to build a convincing case to throw out all or part of a prenuptial agreement.A Family Law Attorney Provides the Compassionate Legal Support You NeedDivorce is often emotionally and financially draining. Having a seasoned family law attorney provide guidance, representation, and advocacy throughout the process can help make it easier.In some cases, your family law attorney may be able to help you come to a mutually acceptable resolution through negotiation, mediation, or arbitration. This can help you both avoid spending time, money, and emotional energy on contentious and lengthy litigation.If the matter must be decided by a Judge, your attorney can represent you in court. They will present evidence, call and cross-examine witnesses, and present arguments regarding the validity of the prenuptial agreement. After considering the evidence, arguments, and legal aspects of the case, the Judge will render a decision regarding the legitimacy of the prenuptial agreement. Having a skilled family law attorney on your side gives you the best possible chance of a positive outcome for your case.Understanding all the elements of contesting a prenuptial agreement in Pennsylvania can be daunting. A family law attorney can help you understand your rights and options, protect your interests, and pursue a fair and equitable resolution.Schedule a Consultation with a Family Law Attorney in PennsylvaniaAt Gross McGinley, LLP, our family law team understands that matters involving divorce, child custody, and support can be tough to navigate. We provide compassionate, forward-thinking legal representation you can trust. If you need help contesting a prenuptial agreement, contact us or call 610-820-5450 to schedule a consultation. In addition to family law matters, we offer legal services in the areas of estate planning, probate, criminal law, litigation, and more.