Can a Prenuptial Agreement Be Thrown Out in Court?
Planning a wedding usually centers on joy and anticipation, not courtrooms and legal paperwork. However, many couples consider prenuptial agreements part of their marriage preparation, aiming to protect assets and avoid future disputes.
When a relationship later breaks down, though, those same agreements can become flashpoints for anger, fear, and uncertainty. You might wonder whether a document signed years ago truly controls what happens now, especially when your finances, career, or children are on the line.
At the Law Office of Jill Turner, LLC, I speak with people across the Kansas City metro area who feel blindsided by the contents of a prenup or worried it will shape their future in ways they never expected. My practice focuses on helping clients navigate difficult questions related to divorce and property division under Missouri and Kansas law.
If you’re facing this issue and need clarity about your rights in family law, reach out to me to discuss your situation and what steps may help protect you.
How Courts Review Prenuptial Agreements
Prenuptial agreements, often called premarital agreements, are contracts signed before marriage that outline how property, debts, and sometimes spousal support will be handled if the marriage ends. Both Missouri and Kansas allow these agreements, but judges don’t treat them as untouchable simply because signatures appear on paper.
Kansas and Missouri courts both consider whether the agreement met the legal requirements at the time it was created and whether enforcement would be appropriate now. That evaluation often becomes the focus of disputes in family law cases involving significant asset or income disparities. Judges will commonly examine factors such as:
Whether both parties entered the agreement voluntarily
Whether each person had enough information about the other’s finances
Whether the terms were fair when signed
Whether circumstances have changed drastically since then
These points can create challenges, especially when one spouse claims they felt pressured, misled, or left in the dark about what they were giving up. In those situations, talking with a family law attorney can help you decide whether raising objections makes sense.
Since state statutes and court decisions shape how prenups are handled, the outcomes depend heavily on the facts of your case. What works for one couple in Missouri may not apply in Kansas, which is why location-specific legal guidance matters.
Common Reasons Courts May Set Aside a Prenuptial Agreement
It's common to assume a prenup is final, but that isn’t always the case. Certain issues during drafting or execution can weaken the document and give a judge grounds to refuse enforcement. The courts usually start with the presumption that a signed contract is valid, then look for proof showing why it shouldn’t stand. Some common issues in family law disputes over prenuptial agreements include the following:
Lack of full financial disclosure: The courts will consider whether one spouse hid assets or debts, important income sources weren’t revealed, or the property values were misstated.
Pressure or coercion at signing: A prenuptial agreement may not hold up if you were asked to sign days before the wedding, if the signing involved threats to cancel the ceremony, or if you didn't have a chance to review the document calmly.
Unfair terms at the time of signing: The strength of the prenuptial agreement could be questioned if it involves one-sided property division, a complete waiver of support without context, or provisions that leave one spouse with almost nothing.
Problems with legal formalities: Prenuptial agreements are often challenged if they lack signatures, are not notarized when required, or fail to comply with state statutes.
Each of these concerns can serve as grounds for a judge to strike down all or part of the agreement. If any of these situations sound familiar, speaking with an experienced family law attorney could help determine whether challenging the agreement is realistic in your case.
What Judges Look At During A Court Challenge
When a prenuptial agreement is contested, the courts will examine the circumstances surrounding its creation and its effect today. This isn’t just about reading the document itself. Judges may consider testimony, emails, drafts, and even wedding-planning timelines to assess how the events unfolded.
In Missouri and Kansas, judges often ask whether the agreement was unconscionable at the time of signing or whether enforcement now would violate public policy. That means the court weighs both the past and present. The key questions a judge will ask include:
Did each spouse have time to consult separate counsel?
Was the agreement presented well before the wedding?
Were financial statements attached and accurate?
Would enforcing the terms leave one spouse unable to meet basic needs?
These inquiries come up frequently in family law hearings because they reveal whether both parties truly understood what they were agreeing to. Even small details, such as last-minute changes or missing exhibits, can carry weight.
Judges may also separate enforceable sections from problematic ones, retaining part of the agreement while discarding the rest. That partial enforcement can still affect property division or spousal support, making legal review essential before assuming the entire prenuptial agreement will stand or fall.
Steps to Take if You’re Questioning a Prenuptial Agreement
If you’re facing or involved in a divorce and aren't sure whether a prenuptial agreement will stand, it's essential to take thoughtful steps to protect your interests. These situations often feel overwhelming, especially when your financial security and future plans hang in the balance. Some helpful actions to consider include:
Gather copies of the signed agreement and any drafts
Locate all financial disclosures exchanged before signing
Save emails or texts about timing or pressure
Write down what you remember about how the agreement was presented
Schedule a consultation with an attorney to review your options
After completing these steps, you’ll have a clearer picture of what evidence might be necessary to challenge a prenuptial agreement. Talking through the facts with a family lawyer can also prevent costly mistakes, such as making assumptions about what the court will or won’t accept.
As an experienced family law attorney, I regularly review prenuptial agreements for clients who worry about fairness or legality. Reviewing the document early allows me to outline potential paths forward and what to expect if the matter proceeds to court.
Speak With an Experienced Family Law Attorney in Kansas City Today
Prenuptial agreements are useful tools for protecting your interests is a marriage falls apart. However, they can sometimes be a point of contention. If you are questioning whether a prenuptial agreement will hold up following a divorce, an experienced attorney can help.
At the Law Office of Jill Turner, LLC, I strive to help those facing prenuptial disputes and other family law matters. If you’re concerned about whether a prenup can be enforced, reach out today. Located in Kansas City, Missouri, I serve clients throughout the Kansas City metro area.