Prenuptial agreements can absolutely be challenged and thrown out in court, but only under specific legal reasons. Courts do not set aside prenups just because someone regrets signing. However, if a prenup was created through fraud, duress, poor disclosure, or unfair terms, a judge can invalidate it completely or in part. According to research, about 15% of married or engaged Americans have signed a prenup, yet the majority of challenges occur when agreements fail to meet strict legal standards rather than due to simple unhappiness with the terms.
What You’ll Learn
🛡️ Exactly why prenups get overturned — Learn the specific legal reasons courts reject prenups, including fraud, duress, and unconscionable terms
💰 How financial disclosure requirements work — Understand why hiding assets or giving incomplete information can destroy your entire agreement
📋 State-by-state rule differences — Discover how your state’s laws affect prenup validity, especially around spousal support waivers and waiting periods
⚖️ Real-world scenarios that lead to challenges — See actual situations where couples fought prenups in court and what happened
✅ How to protect your prenup — Learn the steps to make sure your agreement survives a legal challenge
Federal Framework: The Uniform Premarital Agreement Act
Most prenups follow guidelines set by a national model called the Uniform Premarital Agreement Act (UPAA). This framework, created in 1983, gives courts a clear way to decide if a prenup is fair and binding. Twenty-eight states and Washington, D.C., follow this model, though each state adds its own rules on top of it.
Under UPAA standards, a prenup is not enforceable if the party challenging it proves they didn’t sign voluntarily or if the agreement is unconscionable—meaning it’s so one-sided it shocks the court’s sense of fairness. The key protection is that the person attacking the prenup doesn’t need to prove both problems happened. One valid reason can be enough to invalidate the entire agreement or specific sections.
The federal framework doesn’t override state laws. Instead, it creates a floor—a minimum set of protections that most states respect. This means your prenup’s strength depends heavily on where you signed it and where you’d enforce it if divorce happens. If you sign a prenup in California and later move to Texas, your agreement might face different legal tests. Courts examine whether your prenup meets the requirements of the state handling your divorce, not just where you signed it.
How Prenups Get Challenged: The Four Main Grounds
Lack of Voluntary Consent: Duress, Coercion, and Pressure
A prenup signed under force cannot hold up in court. This means if someone pressured you, threatened you, or manipulated you into signing, the agreement is likely invalid. Courts take this seriously because contracts only work when both people agree freely.
Duress shows up in several ways. Presenting a prenup hours before your wedding—giving you no time to think or consult a lawyer—counts as duress. So does threatening not to marry unless you sign. Even saying “sign this or I’ll take the kids” qualifies as coercion that breaks a prenup’s enforceability.
Proving duress is challenging because it happened in private. You’ll need evidence like witnesses, text messages showing threats, emails with pressure, or proof that one person had much more legal knowledge than the other. A court might also look at whether both parties had independent lawyers. If only one side had legal help, judges get suspicious.
California’s 7-day rule makes duress claims harder to win. The California Family Code requires at least seven calendar days between presenting the final prenup and signing it. This waiting period gives both people time to review, think, and find lawyers. If a state doesn’t have this waiting period, duress becomes easier to prove because the time pressure itself suggests someone was forced.
Minnesota takes this further. Minnesota courts often require a 7-day waiting period before the wedding itself—not just before signing. This extra protection makes it much harder for one person to claim they were pressured at the last minute.
Fraud and Hidden Assets: The Disclosure Problem
Full financial honesty is not optional for a valid prenup. If either person hides assets, overstates debts, or lies about income, the entire agreement can collapse. This isn’t just a small mistake—courts view hidden wealth as fraud that undermines the whole agreement.
In a landmark case called Helliwell v Entwistle, a wife disclosed only £18.2 million of her £60-70 million in total assets. The prenup’s own language stated both parties had provided “full and frank disclosure,” which they hadn’t. The court threw out the entire prenup because of the wife’s fraudulent non-disclosure.
The law’s position is clear: if both people agree in writing to provide complete financial information, then one person secretly keeping quiet about nearly £48 million in wealth, that breaks the agreement. The court can see this as deliberate deception rather than an innocent oversight.
Different states treat disclosure differently. Massachusetts requires you to list assets line by line, item by item. If details are missing, courts might throw out your whole prenup. Texas takes a lighter approach—courts only examine financial disclosure closely if the prenup itself looks extremely unfair to one person. California sits in the middle: courts say if the spouse had adequate knowledge of the other’s finances, full detailed disclosure wasn’t required, though it’s still strongly recommended.
Florida requires full financial disclosure, but courts typically don’t throw out a prenup just because numbers aren’t perfect. As long as the disclosure was good faith and reasonably complete, Florida courts usually enforce it.
Unconscionable Terms: When Prenups Are Simply Unfair
An unconscionable prenup is one so one-sided it shocks the court’s conscience. A judge looks at both how the agreement was created and what the actual terms say. If the agreement would leave one person broke and forced to ask the government for help, courts will not enforce it—no matter how willingly someone signed.
In In re Marriage of Facter, a California court threw out a prenup because it was unconscionable. The husband earned over $500,000 yearly as a lawyer. The wife was unemployed when they signed. Their prenup said she’d get zero marital property, no spousal support, and limited child support. The court found this was so unfair it crossed the line.
Courts examine whether provisions would leave someone impoverished. If a spousal support waiver means your ex-spouse can’t afford food or housing and would need state welfare, judges often refuse to enforce that waiver. The same goes for child support waivers—courts rarely enforce provisions that try to eliminate a parent’s duty to support children.
States differ on how strict they are. Florida courts are hard to shock—they enforce prenups even if they only favor one party. You must prove the agreement is unconscionable and show that one person didn’t get fair disclosure and prove they didn’t waive their right to that disclosure. That’s a high bar to clear.
Clauses about personal behavior—like requiring someone to maintain a certain weight, perform household chores, or have frequent intimate relations—are per se unconscionable. Courts reject these immediately because they’re not about finances and can’t be enforced.
Procedural Defects: Improper Execution Kills Enforceability
Even a fair prenup with honest disclosure falls apart if you didn’t create it the right way. Procedural requirements differ by state, but they’re not optional.
Your prenup must be in writing. Oral agreements don’t work, no matter what you both say you agreed to. The document must be signed by both people. Unsigned prenups are worthless.
Many states require a notary—a neutral official who watches you sign and confirms your identity. California, Texas, Florida, and most UPAA states require notarization or strongly recommend it. Without a notary, someone can later claim “I didn’t sign this” or “My signature was forged.” Notarization stops that argument cold because the notary verified who you are.
Some states require witnesses. States like Louisiana and possibly Arkansas require two witnesses to watch the signing. These witnesses don’t have to be the notary—they can be any neutral people who aren’t one of the parties signing.
Timing matters too. If your prenup says it’s effective “before marriage” but you sign it after the wedding, it’s invalid. Texas courts reject postnuptial agreements that were supposed to be prenups. Common-law marriage complicates this—if Texas considers you already married because you lived together and held yourselves out as married, any “prenup” you sign after that point is actually a postnup and faces stricter scrutiny.
Poor drafting creates problems too. Unclear language, incomplete property schedules, or contradictory terms give courts reasons to refuse enforcement. If the agreement is so ambiguous that a judge can’t tell what you meant, they often interpret it against whoever drafted it.
The Three Most Popular Scenarios Where Prenups Get Challenged
Scenario 1: The Last-Minute Pressure Situation
| What Happened | What Courts Do |
|---|---|
| One partner receives prenup hours before wedding with no time to review or get lawyer | Judge finds duress and voids entire agreement because signing under time pressure means no genuine consent |
| Partner signs without independent legal counsel | Court questions whether they fully understood what they were giving up, especially if agreement favored the other side |
| Wedding guests already invited, venue already booked | The setup itself suggests pressure to sign, making duress argument stronger in court |
Real example: Sarah got engaged to Mark. Two days before their wedding, Mark handed her a prenup. Sarah had no lawyer. She felt trapped—cancel the wedding or sign. Six years later, when they divorced, Sarah challenged the prenup. The court threw it out because Sarah never had time to think or get legal advice, and Mark’s timing made the coercion obvious.
Scenario 2: The Hidden Money Situation
| What Happened | What Courts Do |
|---|---|
| One spouse fails to list real estate, investments, or business ownership on financial disclosure | Judge invalidates prenup because both people can’t make informed decisions without knowing what’s really at stake |
| Assets are deliberately understated or left off completely | Court views this as fraud, even if the other person later found out through discovery during divorce |
| Financial documents submitted contain false information about income or debts | Judge allows the other person to attack the prenup because complete honesty wasn’t there from the start |
Real example: David and Jennifer signed a prenup. David said his business was worth $500,000. He didn’t mention his second business worth $2 million. When they divorced 10 years later, Jennifer discovered the hidden company. She challenged the prenup. The court agreed that David’s deception made the agreement invalid. Jennifer won a larger share of marital property.
Scenario 3: The Extremely Unfair Terms Situation
| What Happened | What Courts Do |
|---|---|
| Prenup leaves one spouse with virtually no assets while they have substantial debts | Judge calls this unconscionable and refuses to enforce terms that would impoverish someone |
| Agreement attempts to waive all child support or eliminate parental obligations | Court strikes this provision because child support isn’t negotiable—child’s welfare comes first |
| Terms would force one spouse to receive government assistance after divorce | Judge rejects the prenup or those specific clauses because public policy protects people from destitution |
Real example: Robert was a neurosurgeon earning $800,000 yearly. His fiancée Michelle worked part-time earning $30,000. They signed a prenup saying Michelle would get nothing in a divorce and would pay her own legal fees. When divorce happened after two years of marriage, Michelle challenged the prenup. The court found it unconscionable because it would leave her with nothing and force her to ask the state for help.
State-Specific Rules: Your Prenup Looks Different Everywhere
Federal law sets the floor, but state law determines your actual protections. The same prenup might be bulletproof in Texas and vulnerable in California.
California follows UPAA with strict additions. If you’re waiving spousal support, you must have independent counsel—meaning your own separate lawyer. If your prenup waives spousal support but you didn’t have a lawyer, it’s likely unenforceable. California also checks fairness at enforcement time—if circumstances changed massively since you signed, the court might refuse to enforce unfair terms. The 7-day waiting period is mandatory.
Texas is more flexible. Texas lets couples define their own terms without requiring lawyers. Courts uphold prenups if both parties signed voluntarily and gave full financial disclosure. Texas doesn’t require notarization or witnesses by statute, though both are strongly recommended. Texas courts only examine financial disclosure closely if the prenup itself looks extremely unfair.
Florida requires full financial disclosure, but courts give more leeway on exactness. You don’t need to list every asset to the dollar—as long as disclosure was made in good faith and reasonably complete, Florida typically enforces it. Florida doesn’t require notarization by statute, but attorneys recommend it. Florida courts rarely void a prenup based only on unconscionability unless it “shocks the conscience”—a very high standard.
Massachusetts demands detailed, line-by-line asset disclosure. If your prenup doesn’t spell out exactly what property each person brought into the marriage, Massachusetts courts might throw the whole thing out. This state is strict about disclosure because judges want complete clarity.
New York requires independent legal representation for both parties. If one person signed without a lawyer, the prenup faces challenges. New York also looks at whether both sides got full financial disclosure and had time to review everything.
Maryland enforces prenups if they were entered voluntarily, included full disclosure, and aren’t unconscionable at enforcement time. Courts generally uphold spousal support waivers if agreed to knowingly and fairly.
The takeaway: moving states creates problems. If you signed a prenup in California that includes a spousal support waiver without counsel, and you later get divorced in Texas where that waiver would be valid, courts still must respect California’s rule that you needed counsel. Your prenup gets judged by the state where it was signed plus the state where you enforce it.
Lack of Independent Legal Counsel: A Major Red Flag
Courts have grown more suspicious of prenups where one or both parties lack independent lawyers. Independent means each person has their own separate attorney—not one lawyer advising both people.
When one person shows up to sign a prenup without counsel while the other person has a lawyer, judges see a power imbalance. Did the unrepresented person understand what they were signing? Did they know what rights they were giving up? Did the other person’s lawyer pressure them?
California went further. If you waive spousal support and didn’t have independent counsel, California will not enforce that waiver. This rule came from a case called Marriage of Bonds where a court refused to set aside a prenup—the legislature then changed the law to require counsel before spousal support waivers stick.
Alabama requires counsel for both parties if the prenup isn’t inherently fair—meaning if terms favor one side, both people must have had lawyers or the agreement fails.
The practical reality: courts are more likely to enforce a prenup where both parties had separate, independent lawyers review it. This single factor—having separate counsel—strengthens enforceability more than almost anything else.
Mistakes to Avoid: Why Good Prenups Fall Apart
Signing Too Close to the Wedding
Pressure to sign at the last minute sends red flags to judges. Courts see this as potential coercion. Best practice: sign 1-3 months before the wedding. This gives both people time to think, negotiate, and consult lawyers without time pressure. Late signing also invites duress claims because someone can argue they felt cornered.
Incomplete Financial Disclosure
Hiding assets, overstating debts, or giving vague answers about money undermines everything. Courts often interpret incomplete disclosure as intentional fraud. Even one hidden bank account or business can give someone grounds to challenge the whole prenup. Solve this by listing everything—real estate, bank accounts, investments, businesses, retirement accounts, vehicles, and debts.
One Person Without a Lawyer
Letting one person sign without independent counsel is risky. That person can later claim they didn’t understand what they signed. Courts already suspect power imbalances in prenups. An unrepresented party feeds that suspicion. Always insist both parties get separate lawyers.
Trying to Control Non-Financial Matters
Prenups about weight, haircuts, household chores, frequency of intimacy, or parenting decisions are per se unconscionable. Courts reject these immediately and may throw out entire prenups that include them. Stick to financial and property matters only.
Waiving All Child Support or Custody
You cannot lock in child custody or child support before the child is born. Courts decide these matters based on the child’s best interests at the time of divorce, not what you agreed to years before. Any prenup clause eliminating child support is void and unenforceable.
Unclear or Ambiguous Language
Vague terms like “we’ll figure it out later” or “most of the assets go to X” create problems when enforcing the prenup. Courts interpret ambiguity against whoever drafted it. Use specific language: “The house located at [full address] is the separate property of [name]” works better than “John’s house is his.”
Not Getting the Agreement Notarized
While not always required by law, notarization adds huge protection. It prevents someone from claiming later “I never signed this” or “My signature was forged.” The notary verifies your identity and confirms you signed voluntarily. This single step defends against many challenges.
Failing to Update After Major Life Changes
Prenups assume certain circumstances. If you have a child together, if one person’s income changes dramatically, or if you buy major assets during the marriage, your original prenup might become unfair. Courts can refuse to enforce outdated terms. Review your prenup every few years and update it when life changes.
Creating a Postnup Instead of a Prenup by Mistake
If you intended a prenup but signed it after the wedding, it becomes a postnup. Postnups face tougher legal scrutiny because courts suspect coercion in marriage (the “fiduciary duty” between spouses means they owe each other honesty). Make sure your prenup is signed before the marriage.
Do’s and Don’ts for Strong Prenups
| DO ✓ | DON’T ✗ |
|---|---|
| Hire separate lawyers for each party | Use one lawyer for both people |
| Provide complete, honest financial disclosure | Hide any assets or understate income |
| Sign 1-3 months before the wedding | Rush into signing days before the wedding |
| Get the agreement notarized | Skip notarization to save money |
| Use clear, specific language about property | Write vague or ambiguous terms |
| Include only financial and property matters | Try to control personal behavior or child custody |
| Have both parties sign freely and willingly | Threaten or pressure anyone into signing |
| Keep copies and review every few years | Ignore the agreement after signing |
| Disclose all debts and liabilities | Pretend debts don’t exist or omit them |
| Allow time for legal review and negotiation | Present the agreement hours before signing |
Pros and Cons of Prenups: The Realistic View
| Pros | Cons |
|---|---|
| Clarity on asset division — Both people know exactly what happens to their property if divorce occurs | Emotional friction — Discussing divorce before marriage feels uncomfortable to many people |
| Protection of premarital assets — Property you owned before marriage stays yours if properly documented | May be invalidated — Prenups can fail if you don’t follow all legal requirements perfectly |
| Business owner protection — Family businesses stay in the family and aren’t forced to be sold | State law variations — Rules differ everywhere, making multi-state situations complex |
| Prevents unexpected surprises — No shocking discoveries about hidden assets during divorce | Requires lawyers — Proper prenups need independent counsel for both parties, adding cost |
| Faster, cheaper divorce — When divorce happens, less fighting occurs over property division | Can feel unfair — Even fair prenups sometimes leave one person uncomfortable |
| Protects children from prior relationships — Blended families benefit from clear asset allocation | Enforcement issues — Moving states or changed circumstances can trigger new challenges |
| Reduces court involvement — Prenups let couples control their own destiny rather than having judges decide | Public pressure — Some people view prenups as unromantic or a sign of distrust |
Special Situations: Child Support, Spousal Support, and Public Policy
Child Custody and Child Support Cannot Be Predetermined
A core rule applies everywhere: you cannot lock in child custody or child support in a prenup. Courts always decide these matters based on the child’s best interests at the time of divorce. A judge will not follow a 10-year-old agreement about custody if circumstances have changed.
Why? Because no one can predict what’s best for a child before the child even exists. A couple might sign a prenup saying “Mom gets custody.” But what if Mom develops a serious health problem? What if Dad becomes the more stable parent? What if the child has special needs that favor one parent? Courts must stay flexible to protect the child.
Any prenup clause eliminating or limiting child support is void. States view child support as a child’s right, not a parent’s choice. You cannot waive your obligation to support your children, even if you both agree to it before marriage.
Spousal Support Waivers: State Rules Are Different
Spousal support (alimony) is different from child support. You can agree to limit or waive spousal support in a prenup—but state rules vary dramatically.
California: Spousal support waivers are often unenforceable unless the waiving party had independent counsel. Even with a lawyer, California courts can refuse to enforce the waiver if it becomes unconscionable at enforcement time—meaning if circumstances changed so much that enforcing the waiver would be unfair, the court can override it.
Texas: More permissive. Couples can waive spousal support more freely, but the agreement must still show voluntariness and full financial disclosure.
Florida: Allows spousal support waivers if created voluntarily with full disclosure, but courts can still refuse to enforce terms that become unfair later.
The pattern: even states that allow spousal support waivers reserve the right to ignore them if enforcing them would leave someone destitute and dependent on government help.
What Courts Absolutely Will Not Enforce
Certain clauses trigger automatic invalidity:
- Child support elimination — “Neither parent will pay child support” is void everywhere
- Child custody predetermined — “The children must live with Dad” can’t be locked in before birth
- Illegal activities — “If either party commits adultery, they pay $50,000” might be enforceable in some states, but “If you commit adultery, you waive all rights to marital property” is not (because it penalizes the child by threatening their support)
- Personal conduct requirements — Weight maintenance clauses, intimacy frequency clauses, and household duty assignments are unconscionable
- Provisions against public policy — Anything that contradicts state law or harms public interests fails automatically
What Happens When Prenups Are Challenged in Court
If someone challenges your prenup, you enter litigation. The burden typically falls on the person challenging it—they must prove the agreement is invalid. This means gathering evidence, hiring experts, and possibly spending tens of thousands of dollars.
The process: The challenging party files a motion to invalidate or set aside the prenup. They submit evidence of fraud, duress, improper execution, or unconscionability. The other party responds. The judge holds hearings and hears arguments from both lawyers. The judge then decides: is the prenup valid and enforceable, or is it invalid?
If the prenup is partially invalid—say, the spousal support waiver fails but the property division holds—courts often sever the bad parts and keep the rest. This is called a severability clause, and most good prenups include language saying “if any part is found invalid, the rest of the agreement stays in effect.”
Court outcomes vary. Some judges prefer prenups and enforce them broadly. Others scrutinize them heavily and strike them down when any element seems unfair. Geography matters—what flies in Texas might fail in Massachusetts.
Key Court Cases That Shaped Prenup Law
Kelly Clarkson vs. Brandon Blackstock
Kelly Clarkson’s prenup was upheld by a California judge in 2021. Blackstock tried to challenge it, claiming he deserved half of everything earned during their seven-year marriage. The court kept the prenup intact. Clarkson kept approximately $45 million in assets and income she earned during marriage. This case reinforced that proper prenups—especially ones with full disclosure and fair negotiation—survive attack from wealthy spouses trying to overturn them.
In re Marriage of Facter
In re Marriage of Facter threw out an extremely unfair prenup in California. The husband earned $500,000+ yearly as a lawyer. The wife was unemployed. Their prenup gave her zero marital property, no spousal support, and very limited child support. The court found this unconscionable because it would devastate the wife financially. This case became the landmark precedent showing that courts will strike prenups if the terms are extremely one-sided and unfair.
Helliwell v Entwistle
Helliwell v Entwistle involved a wife who disclosed only £18.2 million of her £60-70 million in wealth. The prenup itself stated she had provided “full and frank disclosure”—she hadn’t. The court threw out the entire prenup due to fraudulent non-disclosure. The wife also paid the husband’s legal costs as punishment for the deception. This case demonstrates that hiding assets—even massive amounts—gives courts grounds to void a prenup completely.
In re Marriage of Pendleton & Fireman
The California Supreme Court upheld spousal support waivers if both parties entered them voluntarily with full awareness of consequences. This case opened the door for enforceable spousal support waivers in California, but only if certain conditions were met.
Frequently Asked Questions
Can a prenup be challenged after 10+ years of marriage?
Yes. Courts can revisit prenup validity at any time, including during divorce proceedings years later. However, the longer you wait, the harder it becomes to prove duress or fraud—your continued marriage suggests you accepted the terms.
Can I challenge my prenup if I didn’t have a lawyer when I signed?
Possibly. Lacking independent counsel is one factor, not an automatic disqualification. California specifically voids spousal support waivers made without counsel. Other states view it as evidence of unfairness but don’t automatically invalidate. Courts examine whether you understood what you signed and whether you had reasonable opportunity to get counsel.
What if my ex lied about their income when we signed?
You have strong grounds to challenge. Fraud—deliberately misrepresenting financial status—is one of the clearest reasons courts void prenups. You’ll need evidence of the lie (old tax returns, business records, etc.) showing your ex knew the information was false and deliberately hid it.
Does my prenup still count if we move to a different state?
Generally yes, but with complications. Your prenup remains valid when you move, but the new state’s laws may apply when enforcing it. A waiver valid in one state might be unenforceable in another. Courts typically apply the law of the state where you signed the prenup, but may consider the new state’s rules. This is messy—consult a local lawyer if you move.
Can we change or cancel our prenup after marriage?
Yes. Both people can agree to modify or cancel the prenup by signing a new written agreement. You don’t need separate lawyers for modifications, though it’s recommended. Without a new agreement, the original prenup stays in force.
What if our prenup is poorly written or ambiguous?
Courts interpret ambiguity against whoever drafted it. If language is unclear, judges will construe it in the way least favorable to the person who wrote it. This gives an advantage to the party who didn’t draft it. Vague prenups face challenges because ambiguity itself becomes evidence of unconscionability or lack of informed consent.
Can I include provisions about my business in the prenup?
Yes, absolutely. Prenups can specify whether a business is separate property, how it’s valued, whether a spouse gets a share if divorced, and what happens to business income. This is one of the most valuable uses of prenups for business owners. Courts generally enforce business-related clauses if they’re clear and fair.
What happens to our prenap if we have a baby together?
The prenup stays valid unless you cancel it. The prenup’s property and spousal support terms continue. However, child support is never locked in—courts will calculate child support based on current income and custody at divorce time, regardless of what any prenup says. The prenap doesn’t affect parental duties.
How much does challenging a prenup cost?
Expect $5,000 to $50,000+ depending on complexity. If your prenup is straightforward and both sides agree it’s invalid, costs stay low. If you’re fighting over validity, depositions, document discovery, and trial prep add up quickly. High-net-worth cases routinely exceed six figures.
Can a prenup be enforced if neither party is a lawyer?
Yes. You don’t need to be a lawyer to sign a valid prenup, but you should have a lawyer review it before signing. Lawyer-drafted prenups face fewer challenges than self-drafted ones because lawyers know the state’s legal requirements and build in protections like severability clauses.
What if my prenup was signed under mental incapacity (drugs, illness)?
You can challenge it. If you lacked mental capacity to understand the agreement—due to being intoxicated, on medication that impaired judgment, or suffering illness—courts may void the prenup. You’ll need evidence (medical records, witness testimony) showing you couldn’t think clearly.
Does a prenup protect me from my spouse’s debts?
It can. A prenup can state that debts incurred before marriage stay separate and don’t pass to the other spouse. This protects you from inheriting credit card debt or student loans your spouse brought into the marriage. However, prenups can’t change whether creditors pursue you during marriage—that depends on how you title assets and incur debt together.
Can a prenup address what happens if someone cheats?
Unclear, and it depends on your state. Some states allow “infidelity clauses” that impose financial penalties for adultery. Others refuse to enforce them as against public policy or unconscionable. Many judges view these clauses skeptically and refuse to enforce them. Avoid trying to control behavior in prenups—courts dislike this.
Related reading
- Can a Prenup Waive Child Support? (w/Examples) + FAQs
- Can You Get a Prenup After Marriage? (w/Examples) + FAQs
- Can a Judge Dismiss a Prenup? (w/Examples) + FAQs
- For How Long Is a Prenup Actually Valid? (w/Examples) + FAQs
- Is a Prenup Valid Without a Lawyer? (w/Examples) + FAQs
- How to Get Around a Prenup? (w/Examples) + FAQs
- What Happens if You Get Divorced Without a Prenup? (w/Examples) + FAQs