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How can someone prove that a pre/post-nuptial agreement was forced upon them by the other spouse?

Easier than you might think (but by no means guaranteed).

Courts are inclined to believe certain claims; namely (and I’m going to be honest with you here, not politically correct):

  1. a woman’s claim that she was coerced into signing. Men can claim they were coerced too, of course, but it’s still much easier in today’s culture to believe a woman was physically threatened/intimidated;
  2. a woman’s claim that she was fooled/deceived into signing. Men can claim they were deceived too, of course, but it’s it’s still much easier in today’s culture to believe a woman was less worldly wise and lacks the business/legal savvy a man is assumed to have;
  3. You were given the prenuptial agreement at the 11th hour, just before the wedding. If this actually happened, that’s a pretty good argument (again, this is a story that is generally easier for a woman to sell than it is for a man to sell to the court). The question is what constitutes “the 11th hour”? Hours before the ceremony? Probably. The day before? Probably. A week or so before? Maybe. After the catering and the chapel have been paid for? Maybe. But beyond that? Who knows. It may depend on who your judge is;
  4. Having your fiancé/e sign without the benefit of at least having the opportunity to consult with independent legal counsel of his/her own;

There are other grounds for invalidating a prenuptial agreement (e.g., failure to make a complete disclosure of one’s financial circumstances; making a false disclosure of one’s financial circumstances; unconscionable terms), but your question was what arguments are there for claiming to have been forced to sign.

Utah Family Law, LC | divorceutah.com | 801-466-9277

How can someone prove that a pre/post-nuptial agreement was forced upon them by the other spouse?

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