Can my spouse challenge our prenuptial agreement?

By |2022-04-04T18:00:33+00:0012 Apr 2017|Categories: Divorce|


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

About the Author:

Dorie Anne Rogers - The Law Offices of Dorie A. Rogers, APC
Dorie A. Rogers, a Family Law Specialist, Certified by the State Bar of California, has been an attorney since 1981 with an exclusive family law practice located in Orange County. She is accepting dissolution cases with support and property issues including the use of forensics to ascertain business value, community interests and to establish monthly case flow analysis. Ms. Rogers has substantial experience in high conflict custody litigation involving sophisticated psychological issues. She drafts premarital and postmarital agreement designed to define and establish parties' separate and community property interests. Paternity cases and domestic violence matters are considered part of her practice. Ms. Rogers is a court-approved and court-appointed to represent minor children.Ms. Rogers consults with individuals concerned about entering or exiting a relationship. She advises effective strategies for dissolution or premarital planning. Knowledge is power and good planning affords better results.Specialties: Family Law Specialist, Certified by the State Bar of California
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