We can help you nullify or create a prenuptial agreement

By |2022-04-06T19:01:52+00:0025 Feb 2015|Categories: Prenuptial Agreements, Disclosure of Assets, Marital Contract|

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.

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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