Legal Updates

Prenuptial agreements may be annulled only in rare cases of unfairness

June 7, 2023
Print

A woman sought to annul a prenuptial agreement that she signed a few days before the wedding contending not to have receive a reasonable explanation regarding the meaning of the agreement.

The Court held that the prenuptial agreement should not be annulled. In cases where spouses sign a prenuptial agreement before the wedding, which states a complete separation of property that was acquired pre-marriage, there is no justification to annul the agreement except in extremely rare cases of unfairness. Here, it is a prenuptial agreement that signed in front of a notary who explained to the parties the meaning of the agreement and made sure that both parties fully understand its meaning and results and that it is clear to them that the property policy agreed therein is a regime of absolute total separation and in the agreement it is even recorded that the parties were given the opportunity to consult with a lawyer and thus the agreement that was signed cannot be annulled.