Prenuptial Agreement Litigation, Divorce & Appellate

Prenuptial agreement litigation involves legal disputes related to the interpretation, enforcement, or validity of a prenuptial agreement during a divorce.

Divorce Attorneys Specializing in High-Net-Worth Prenuptial Agreement Litigation

Pollitt & Stith have extensive experience as effective, compassionate advocates for clients with complex and sophisticated financials. We are committed to ensuring that each client receives our frequent and meaningful attention and feels heard and supported throughout the entire process.

Divorce and Prenuptial AgreementsReasons for Litigation

Prenuptial agreements aim to protect assets, provide clarity, and prevent disputes in the event of divorce or death. However, there are instances under which a prenuptial agreement may be challenged in dissolution proceedings:

Changed Circumstances:

One spouse may argue that the agreement is unreasonable in light of significant changes in circumstances since it was signed. These changes can include significant changes in wealth, the responsibilities accompanying the arrival of children in the marriage, health issues, relocations, changes in law, etc.

Challenges to Validity:

One party may claim the premarital agreement is invalid due to improper execution, fraud, undue influence, lack of proper disclosure, or one party being put under duress at the time of the signing.

Interpretation Disputes:

Vague or ambiguous language can cause reasons to dispute a prenuptial agreement, creating differing interpretations of specific provisions.

Enforceability Issues:

Current laws may render the agreement unenforceable, or there may be public policy violations that make it illegal.

Appealing the Court’s Decision on a Premarital Agreement

In addition to premarital agreement litigation during divorce proceedings, our attorneys thoroughly understand the appeals process as it pertains to a decision made regarding these agreements. Grounds for appeal must be based on legal errors made by the lower court in its decision to dismiss or uphold a prenuptial agreement. We file a notice of appeal on your behalf and prepare and submit an effective record on appeal that provides the appellate court with a comprehensive view of the case. Appealing a prenuptial agreement decision requires careful consideration of the legal grounds for appeal, the likelihood of success, and other factors. We give you an accurate assessment of what to expect so you can make an informed decision on whether or not to seek an appeal.

Select Prenuptial Agreement Drafting

Securing experienced, competent counsel to draft an ironclad prenuptial agreement that is fair and in full compliance with state laws in the first instance will save clients time, money, and potential litigation in the future. In select cases, a knowledgeable attorney on our team will work with you to draft such a prenuptial agreement. Alternatively, one of our attorneys will offer advice for the purposes of clarity, asset protection, and dispute avoidance from the beginning.

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