If you're a person of considerable means, then you should always use a prenuptial agreement when getting married. Of course, as some heavy hitters in Silicon Valley can attest, if your assets are significant enough, your spouse may choose to challenge the agreement in a divorce. While this is very unlikely to succeed, it is technically possible. California tends to side with a prenuptial agreement when it is challenged, but there are some exceptions.
If your spouse signed a prenuptial agreement without proper legal counsel from an independent attorney, then he or she may be able to argue that the agreement is invalid. Of course, he or she must prove the absence of legal counsel, which can be tricky.
It is also possible for your spouse to successfully challenge your prenuptial agreement if you did not fully disclose your assets when the agreement was first negotiated. While it is crucial to protect your assets with a prenuptial agreement when you get married, it will do you little good if you do not disclose what exactly those assets are.
This can become fairly difficult if your assets are complex and difficult to value, such as owning a business. If you do hold complex assets, you may want to consider enlisting professional guidance that can help you understand the full scope of your assets' value. Otherwise, you may risk losing half of them all in a divorce.
It is truly vital that you make sure your agreement is airtight and will not yield to a challenge later on down the road. Wirth the help of an experienced attorney, you can rest assured that your prenuptial agreement will address all of your needs and fears while protecting your rights.
Source: San Francisco Chronicle, "Divorce may loosen Pincus’ grip on Zynga," Thomas Lee, April 05, 2017