Prenuptial agreements are legally binding and generally enforceable in an Iowa court. These contracts can be tricky, however, especially if the way they were drafted or signed was not in alignment with state regulations. If you are getting a divorce and wondering whether you can challenge your prenup, it is important that you obtain the help of a skilled attorney. Reach out to a Dallas County prenuptial agreement lawyer today to discuss your situation and secure representation.

What is a Prenup?

A prenup, or prenuptial agreement, is a legally binding agreement that two people can enter into before getting legally married. This document offers protection and clarity for both parties by outlining how important financial issues will be handled if the marriage ends in divorce.

The document can outline each spouse’s rights and responsibilities regarding property division, debt allocation, spousal support, and more.

Can I Challenge My Prenup in an IA Court?

If you signed a prenup before getting married and are not seeking a divorce, you may be wondering about the terms of the agreement and whether you can challenge the document in court.

Section 596.7 of the Iowa legislature code discusses the possibility of revoking a prenuptial agreement after the marriage has been made official. Under this law, the only way that the terms of a prenup can be revoked or deemed unenforceable is if any of the following is true.

  • Both spouses agree in writing to not enforce the terms of the agreement
  • One party did not enter the agreement voluntarily
  • The agreement was unconscionable at the time of its execution
  • One party was not provided with a fair and reasonable disclosure of financial assets and did not have adequate knowledge of the other spouse’s financial obligations or property

When Can I Challenge My Prenuptial Agreement?

As established above, a prenup can only be revoked under certain circumstances. Depending on the situation, you may be able to challenge the validity of your prenup in court. In general, if you can prove any of the following, a court may deem one or more of the terms of your prenup unenforceable.

  • You did not sign the agreement voluntarily, such as if there was duress, undue influence, or some other pressure
  • The terms were excessively unfair to you at the time you signed the agreement
  • You were given an insufficient disclosure of the other party’s financial situation
  • The other party deliberately concealed assets or debts or used other fraudulent practices
  • You were not given adequate time to review the document or receive advice from independent legal counsel before signing

If any of the above is true, then it could mean that the contract was unfair and did not meet the legal requirements of the state. To learn more about how you can challenge your prenup, reach out to an experienced attorney at Iowa Defenders, PLLC today.