Enforcing a Prenup: What Happens When Things Go Wrong?

the way you enforce a prenup is that you file it with the court and you ask for it to be enforced typically this is called a motion to enforce a settlement agreement the prenup is the settlement agreement because it was done before the relationship started if the judge decides to enforce the prenup then that will actually be the resolution of the divorce between the parties the way a prenup can be contested is if the parties are able to show one that all the assets were not disclosed or two that the assets that were disclosed were not properly valued what it means is that if one party has taken advantage of another party by not disclosing the assets at all or undervaluing the assets a judge can make a determination to set the prenup aside if a judge decides to set the prenup aside then what happens is that a regular divorce proceeding would happen what that means is that all of the assets of the parties in the marriage would be subject to Equitable division if a prenup was valid then those assets would not be subject to Equitable division