Puja Sachdev | July 16, 2024 | Prenuptial Agreements
A prenuptial agreement is a legal contract between two parties who intend to marry. The premarital agreement becomes effective when the parties are legally married. Generally, prenuptial agreements are difficult to break. However, several conditions could nullify a prenuptial agreement in California and make it unenforceable.
Conditions that could result in a prenuptial agreement being unenforceable include:
Time Constraints
Both parties must have sufficient time to review the prenuptial agreement and consider all the consequences of signing the agreement. The California Uniform Prenuptial Agreement Act requires that a person has a minimum of seven calendar days to review the agreement before signing it.
Legal Representation
The parties should have the opportunity to seek legal counsel regarding the prenup before signing the agreement. Hiring different lawyers is best. If you seek to enforce a prenuptial agreement, showing that your spouse had their own attorney and fair representation before signing the agreement helps avoid allegations that they were pressured into signing the prenup or did not understand the terms of the agreement.
Fraud, Force, and Coercive Tactics
A court may nullify a prenuptial agreement if there is evidence a spouse was forced, bullied, threatened, or otherwise coerced into signing the agreement. A prenup must be entered into voluntarily by both spouses to be valid. Likewise, a prenup may be invalid if the person signed while they were intoxicated or the victim of fraud.
Undisclosed Assets
A primary purpose of prenuptial agreements is to decide how to divide assets in a divorce. Therefore, if a person conceals assets during the prenup negotiations, it could nullify the prenup. Both spouses must fully disclose all assets, property, investments, money, and other resources.
Violations of the Law
California prenup laws prohibit prenuptial agreements from trying to enforce religious or moral standards. Prenups cannot limit child support or the family court’s jurisdiction over child custody matters. The agreement cannot promote divorce or otherwise violate the law. If so, the court may rule the contract is invalid.
Fairness
The law requires that the terms of a prenuptial agreement be reasonably fair to both parties. A judge may invalidate terms or nullify the agreement if they find it unconscionable.
Unconscionable means that the prenup is so one-sided and so unfair that it shocks the court’s conscience.
Examples of things that could result in a prenup being unconscionable include:
- A party was forced into signing the prenup
- The prenup does not provide for a party’s basic needs if the spouses divorce
- A party did not fully understand the agreement because of a language barrier
- A party did not receive full, fair, and reasonable disclosure of the other party’s assets and obligations
If a prenup contains provisions waiving spousal support, the party against whom the provisions are enforced must have had legal counsel when signing the agreement. The provisions must not be unconscionable at the time of enforcement.
What Can We Include in Our Prenuptial Agreement in California?
A prenuptial agreement is designed to settle financial matters that the parties will need to address if they separate or divorce. The idea is to resolve the issues before getting married to avoid issues if the marriage is dissolved.
Examples of financial matters included in prenups are:
- Define what constitutes a marital asset
- Define assets that will remain separate property not subject to property division
- Identify all debts each person owes now and how marital debts will be divided during a divorce
- Agree to terms for spousal support
- Explain the rights of each spouse regarding assets, debts, and finances during the marriage, separation, or divorce
- Define a spouse’s interest and rights to the other spouse’s estate, if any
A prenuptial agreement can resolve financial issues before a couple gets married. However, the agreement must be negotiated fairly and be validly executed.
An Attorney Can Help With Your Prenuptial Agreement in California
If you have questions about prenuptial agreements or divorce, contact a San Diego divorce lawyer for a confidential complimentary consultation. The best way to protect your rights during a divorce is with the help of an experienced San Diego family law attorney.
Contact Our Divorce Law Firm in San Diego, CA
Contact our experienced San Diego divorce lawyers at San Diego Divorce Lawyers, APC today for legal assistance. Contact our San Diego office at (619) 866-3756 to schedule a free consultation.
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2851 Camino del Rio S #430
San Diego, CA 92108
