Are prenuptial agreements set in stone and/or can they be challenged in court?
Prenups give you protection but they are not set in stone. A litigant can challenge their validity in court. Moreover, a litigant can also allege that there has been a change of circumstances since the execution of the prenup that makes it unenforceable. An illustrative case is Rogers v. Noguera -1531-07T2. Here, the parties entered into a prenuptial agreement (agreement) prior to their 1981 marriage. In 1998, the Legislature adopted he Uniform Pre-Marital Agreement Act (the Act), N.J.S.A. 37:2-31 to -41. The agreement was governed by pre-Act case. Those pre-Act cases held that prenuptial agreements are valid and enforceable under certain conditions, but are subject to modification at the time of enforcement if the spouse sought to be bound by the agreement will suffer a substantial diminution in his standard of living after the divorce. Here, after a very lengthy evidentiary hearing, the family court declared that the entire prenup was unenforceable. Thus, the family court determined
