A prenuptial agreement is a way to secure a California residents’ financial stability from the impact of a divorce. By signing a prenuptial agreement before marriage, the legal document can establish and protect rights of each spouse. It may also protect the family-owned business from being divided upon a divorce and even secure the financial assets and inheritance of one party. However, there are cases where a court can invalidate a prenuptial agreement.
The advantage of a having a prenuptial agreement in California is certainly evident, considering celebrity divorce and high-profile couples. But just like any other agreement, a prenuptial agreement can be considered null and void. One of the factors that affect the validity of a prenuptial agreement is if no written agreement was made. A prenuptial agreement must be in writing, which includes the agreement both spouses signed, the conditions and any provisions. If one party fails to read the whole legal document or even provide complete information, a prenuptial agreement is not enforceable.
This also applies to a prenuptial agreement that has invalid provisions as well. In California, a prenuptial agreement should only cover the financial aspect of both parties’ relationship, and not any child support obligations or potential child custody outcomes if a couple had a child together and the relationship ends.
It is also important for a couple to be given enough time to review the document before signing it. A prenuptial agreement signed shortly before the wedding can be considered void. Additionally, duress, coercion or pressure should not be used to sign a prenuptial agreement.
Most importantly, a prenuptial agreement cannot be enforced without independent counsel. Each party should be represented by a legal representative because separate interests are at stake.
Source: Findlaw, “Top 10 Reasons a Premarital Agreement may be Invalid,” accessed Aug. 18, 2014
Source: Findlaw, “Top 10 Reasons a Premarital Agreement may be Invalid,” accessed Aug. 18, 2014
