How can a prenuptial agreement be invalidated?

By |2022-04-06T19:02:30+00:0003 Nov 2014|Categories: Prenuptial Agreements, Marital Property|

How can a prenuptial agreement be invalidated?

Postnuptial agreements and prenuptial agreements have the ultimate power to protect California spouses in the event of a divorce. Drafting a prenup may protect an individual from the financial implications of a divorce, and ensure that that spouse would not be liable for any debt incurred by the other party. However, the protection that prenups can provide would be ineffective if the document is considered invalid.

Generally, a prenuptial agreement is a legal contract between soon-to-be spouses that is signed before they are married. A prenup formalizes their understanding and wishes on which of their assets will be protected and will be considered as separate property, as well as which assets will become marital property. The prenup can also include financial provisions in the event of a divorce.

In many cases, prenups are designed to provide protection to a much wealthier spouse or the spouse with greater separate assets. However, a prenuptial agreement can be nullified by the court. There are five major reasons that can invalidate the legal agreement. One reason is if either spouse fails to make a full disclosure about all of their assets and liabilities. The second and third reasons that can invalidate a prenup occur if the document unduly favors one party and if it was executed without the guidance of an attorney. A prenuptial agreement must always be in writing as well.

Lastly, a prenuptial agreement should be signed without coercion or duress. Coercion or duress means that a spouse was not threatened to sign the prenuptial agreement. In addition, people must be given an adequate amount of time to review the document before signing.

Source: Forbes, “How Key Portions of Prenups and Postnups Can be Invalidated,” Jeff Landers, Oct. 16, 2014

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
Go to Top