Common Challenges to Prenups in California
A prenuptial agreement is meant to take the stress and guesswork out of what could otherwise be a messy divorce. However, when heartbreak and assets are on the line, sometimes a mess just cannot be avoided.
Couples need to understand that not every prenuptial agreement is ironclad. There are a few different reasons that a prenuptial agreement might not be enforced by a court, and it is important for both spouses to understand the scenarios where a prenuptial agreement might be vulnerable. Armed with this knowledge, couples can proactively enter into the marriage with the prenuptial agreement they both wish to hold the other party to. On the flip side, if you find yourself in an unfair situation and you believe a prenup should not be considered valid, there are ways to challenge a prenup. In egregious cases, these challenges can even result in the prenuptial agreement being invalidated entirely.
Flaws in how a prenuptial agreement was created and/or executed can invalidate the prenup, or at least invalidate parts of it. Knowledge is power. By understanding the applicable law, you can better protect your interests and execute the best next steps as you move forward. This article will present some general information, but for formal legal advice and guidance tailored to your own circumstances, contact an esteemed divorce attorney at the Law Office of Bradley S. Sandler.
California Prenuptial Agreements
California law recognizes the right for couples to enter into prenuptial (and postnuptial) agreements. While these agreements are potentially powerful contracts, there are certain items that cannot be included in prenuptial agreements. There are also several requirements that must be met in order for the prenuptial agreement to be binding. Some of the requirements of a valid prenuptial (or postnuptial) agreement include that the agreement must:
- Be executed in writing
- Be signed by both spouses
- Be entered into voluntarily
- Be entered into by spouses with the mental capacity to understand what they are signing
- Be in compliance with California law, public policy, and must not be egregiously unfair.
In California, the signing spouses must also have at least seven days to review and sign the agreement.
What Voids a California Prenuptial Agreement?
The situations that can void a prenup most often stem from a violation of one of the above-mentioned requirements. Was your prenuptial agreement an oral agreement, rather than put down in writing? Then it will be deemed invalid and unenforceable. Was the agreement only signed by one spouse after they were put under undue duress or coercion? Then the agreement violates California’s legal standards, and it will be deemed invalid. Etc., etc. An agreement that does not fulfill California’s requirements may not be upheld by the court.
It is also important to understand that in California, the courts reserve the ultimate right and authority to decide on some issues. These issues cannot be pre-determined by terms in a prenuptial agreement. Child support, for instance, is a matter subject to a court’s final approval. The court acts to ensure that a child’s best interests are served. The role of the judge cannot be displaced by a term in a prenuptial or postnuptial agreement.
Contact the Law Office of Bradley S. Sandler
An experienced divorce attorney at the Law Office of Bradley S. Sandler can help you assess your own prenuptial or postnuptial agreement. With experienced legal counsel on your side, you can ensure you know what your next best steps are in your own situation. Contact our office today to begin speaking with our team.
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