Overreaching
A spouse's use of their position of confidence or power to extract terms that the other spouse would not have agreed to in a fair negotiation. A common ground for invalidation in confidential-relationship states.
In states that treat engaged couples as being in a confidential relationship (Maryland, for example), prenups carry a presumption of overreaching that the proponent must rebut. The rebuttal is usually by showing full, frank, and truthful financial disclosure plus voluntary execution. Once overreaching is rebutted, the agreement is evaluated under standard contract defenses.
Related terms
- Fiduciary Duty — A legal duty of utmost good faith and full disclosure owed by one party to another. Spouses owe each other a fiduciary duty; engaged couples generally do not.
- Financial Disclosure — The requirement that each spouse provides a complete and specific accounting of their finances — assets, debts, and income — before signing a prenup.
- Voluntariness — The requirement that both spouses signed the prenup of their own free will, without fraud, duress, coercion, or undue influence.
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