When you enter into a premarital or prenuptial agreement, you might assume that you have secured your rights against any unforeseen possibility of a divorce. However, you should know that this agreement is enforceable only when it complies with California laws. A knowledgeable California prenup lawyer can help ensure that no legal deficiencies in your contract may allow the other party to challenge it.
Circumstances that May Invalidate a Prenup Agreement
In general, the law in California presumes that a prenup is a contract that reflects the actual intent of both parties. However, this does not mean the right to enforce this agreement is entirely unrestricted. A premarital agreement may be considered legally unenforceable under specific conditions.
If a spouse can prove that they signed the prenuptial agreement under duress, overreaching, coercion, or through deceit, fraud, or misrepresentation by the other party, a California family court may set aside the agreement. For example, if a lack of full financial disclosure on the part of one spouse can be proved, it may render the agreement invalid.
A prenup should be Signed Sufficiently Before the Wedding.
In California, one party cannot ask their soon-to-be-spouse to sign a prenuptial agreement too close to the wedding date. The principle behind this rule is that bringing up the issue of prenup just before the marriage can put undue pressure on the other party to sign for fear of cancellation of the wedding. This rule also protects the other party’s right to hire a lawyer before signing the prenup.
Waiver of Counsel
The party proposing the prenuptial agreement may have consulted with a lawyer and prepared a draft to protect their rights in the unfortunate event of a divorce. California law also gives the other party the same opportunity before they enter a premarital agreement. If the other party decides against hiring the services of a prenup lawyer, they should separately sign a document called Waiver of Counsel.
These are some of the subtle aspects of the law that should be carefully considered before you go ahead with making a prenuptial agreement in California. Talk to a competent and knowledgeable prenup attorney who can help ensure your agreement will hold in a court of law.
