What Happens if a Prenup Was Signed under Pressure?

Prenuptial agreements are legal contracts that address financial terms in the event of divorce. These documents are legally binding when they are created in accordance with Virginia’s laws. When one spouse uses undue pressure to convince the other to sign a prenup, it can invalidate part or all of the marital agreement. Discuss your case with one of our experienced Manassas, VA, prenuptial agreement attorneys at Bristle Schulze today.

Unconscionable Terms

The State of Virginia will not enforce a prenuptial agreement that the court deems unconscionable. Unconscionable here means including a term or terms that are not guided by conscience, go beyond the limits of what’s acceptable, or are otherwise unjust. The use of excess pressure can result in unconscionable terms.

Primary Concerns

When Virginia courts determine the validity of prenuptial agreements, they pay special attention to two primary issues:

• A serious disparity in the division of assets between the spouses
• Any undue or overreaching influence that prompted one spouse to sign the agreement when they probably wouldn’t have otherwise done so

Either can invalidate a prenup.

A Case to Consider

In Remillard v. Remillard, the wife-to-be gave up her career to move to Virginia, marry her fiancé, and work for his rental property management company. The day before the wedding, her soon-to-be husband let her know that he would not go through with the marriage if she didn’t sign a prenuptial agreement that she’d never seen before.

The Terms of the Prenuptial Agreement

The prenup stipulated that, in the event of divorce, each spouse would retain their personal assets, including those acquired during the marriage. The contract also declared that each spouse shared their comprehensive personal finances with the other.

For a Virginia prenuptial agreement to be legally enforceable, each spouse must provide the other with an honest and accurate accounting of their income, assets, and debts at the time. While the state does allow a voluntary waiver of disclosure, it can lead to invalidation of the prenup.

The Wife’s Predicament

The wife, who wasn’t given adequate time to consult with a family law attorney, signed the agreement. She didn’t know at the time that her husband had $10 million in assets. Additionally, the business grew considerably over the course of the marriage. 

The Case Outcome

In Remillard v. Remillard, the court found that the husband failed to properly disclose his income and that the terms included in the prenup were heavily slanted in his favor. Further, the court determined that the hasty process and the threat to back out of the marriage put too much pressure on the wife. As a result, the prenup wasn’t upheld. This is a prime example of how unconscionable terms and duress can invalidate a prenuptial agreement.

Our Experienced Manassas Prenuptial Agreement Lawyers Can Help

Our Manassas prenuptial agreement attorneys at Bristle Schulze recognize the immense impact that prenups can have, and we will leave no stone unturned in the protection of your related rights. Learn more by contacting us online or giving our firm a call at 703-454-0701 today.