Can you contest a prenuptial agreement?

Lisa Pepper

Contesting a prenup

Kanye West and Kim Kardashian are getting a divorce after nearly seven years of marriage.  According to reports, Kim filed for divorce on Friday 19 February 2021 in a court in Los Angeles, apparently citing “irreconcilable differences” – not a ground available here, as we use “irretrievable breakdown.”

The Guardian reports that:

The uber-wealthy couple is reported to have a prenuptial agreement, though their finances have increased dramatically since their 2014 wedding. According to an April Forbes story, West is now worth $1.3bn thanks to his fashion and music success. Kardashian has seen her fortune balloon from $40m in 2014 to $780m in October 2020.

Prenuptial agreements must be considered fair

Reports also say that neither Kim nor Kanye intends to contest the Prenup despite the increase in wealth since it was made. Here, a Prenup must be considered fair by the Court to be upheld.  It would be open to either of them to make an application to Court to consider their financial circumstances on divorce and how much weight to give to the Prenup.  The change in their wealth since the Prenuptial agreement was made and that they now have four children could be considered by the Court as a reason to depart from the Prenup.

• Read our blog post: Wife’s Award Increased Due to Failure To Review Prenuptial Agreement

When can you challenge a prenuptial agreement?

• Mistake (of fact or law) – A prenuptial agreement can be challenged if there was a mistake of fact or law at the time of its creation. This means that if either party was mistaken about a crucial fact or legal aspect that influenced their decision to enter into the agreement, the prenuptial agreement might be invalidated.
• Misrepresentation – an untrue statement of fact or law made by Party A to Party B that induces Party B to enter into an agreement thereby causing Party B loss. The misrepresentation must be material to the formation of the pre-nuptial agreement
• Unfairness or lack of disclosure – A prenuptial agreement can be challenged if it is deemed unfair or if there was a lack of full and frank disclosure of assets by either party at the time the agreement was made. Both parties must have a clear understanding of the financial implications and the agreement should be fair and reasonable.
• Duress or undue influence – If one party was forced or pressured into signing the prenuptial agreement under duress or undue influence, the agreement can be challenged. Duress involves threats or coercion, while undue influence involves taking advantage of a position of power over the other party to secure their agreement.

Are wealthy couples more likely to contest a prenup?

Sometimes the wealthiest couples spend much less on their divorce and financial settlement than clients with more modest assets.  Be there a prenup or not, many high net-worth couples are able to reach an agreement (be that a 50/50 split on matrimonial assets or otherwise) between themselves and are able to come to their lawyers to have an agreement drafted and ratified by the Court.

For celebrity watchers, reports say that Kim will reveal all in the upcoming Keeping up with the Kardashians final series.

Contact us about contesting a prenup

If you would like to discuss in confidence a separation or divorce with a divorce lawyer at Osbornes law, call Lisa Pepper on 0207 485 8811 or complete an online enquiry form.