Here in Texas, prenuptial agreements are particularly important to consider prior to marriage. Unlike most other states, Texas uses community property guidelines when it comes to property division in divorce, meaning that any property each party does not preclude as separate property through a prenuptial agreement automatically converts to marital property. Should a couple divorce, they must split all the marital property equally.
If you have a prenuptial agreement in place, this does not necessarily mean that it stands up to scrutiny. Challenging a prenuptial agreement may mean that property previously set aside as personal property may convert to marital property subject to division. Generally speaking, spouses choose to challenge prenuptial agreements in two ways: challenging the construction of the agreement itself or challenging the provisions of the agreement.
If you find yourself bound to a prenuptial agreement, you may have grounds to challenge its execution if it was not properly put together or if you did not have proper opportunities to read the agreement and consider the terms yourself or with proper legal guidance. If, for instance, your spouse pressured you into signing the agreement, or did not give you enough time to read it before signing, you may contest it on these grounds.
Even if the agreement is properly constructed and you had sufficient time to review it, the provisions of the agreement may not stand up int court. Not all things are allowed in prenuptial agreements, and a court may strike down an agreement that includes violations of the law or unconscionable provisions.
Do not waste time challenging a prenuptial agreement if you believe that you have good reason to do so. The longer that you wait, the fewer options that you have to protect your rights and secure a fair, just resolution in your divorce.