We can help you nullify or create a prenuptial agreement

We can help you nullify or create a prenuptial agreement

No matter their income or assets, for California residents at different levels of wealth on the verge of marriage, a prenuptial agreement provides a way to make the important financial decisions about money and other priorities in the relationship before marriage. While having a prenup has certain advantages, not all prenuptial agreements are the same. While prenups are supposed to be created under mutual agreement, they may still result in inequitable power split between the spouses.

For one, there are situations in which prenuptial agreements are made under coercion or duress. A soon-to-be spouse may be coerced into signing a prenup without having full knowledge of the consequences. Some spouses feel they must enter into a prenup to please their soon-to-be husband or wife, or they may sign the prenup before properly reviewing the marital contract.

In this situation, the expert knowledge our firm can provide will protect our clients from an unfair situation arising from a prenuptial agreement. Spouses should know that the presence of duress or coercion in the process of signing or creating a prenup may invalidate the entire contract. The court requires that the prenup should be signed willingly; coercion goes against that principle.

Moreover, both parties should be of sound mind during the prenup process. If one of them is incapable of weighing the terms of the contract at the time of signing, the prenup can be nullified. Additionally, a requirement when creating a prenup is full disclosure of assets and other financial resources. Full disclosure is important so that the legal protection given by the prenup is fair and just for both parties.

A prenuptial agreement is a great legal instrument to have during a divorce. Our firm can provide options as how to invalidate a prenup during a divorce, as well as how to properly secure a person’s assets through a prenup.

2022-04-06T19:01:52+00:0025 Feb 2015|
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