Typically, an engaged person insists on a prenuptial agreement when they have personal assets or projected earnings that they want to protect from their spouse-to-be in the event of a divorce. It may not seem like a very romantic way to start a marriage, but more couples are seeing the advantages of prenups, and many see it as a healthy way to make a commitment. However, when the marriage does break up, there is a chance that the prenuptial agreement you both signed could be invalid.
What Makes a Prenup Unenforceable in California?
In general, prenups drafted by experienced family lawyers are going to be legally sound and enforceable during the divorce proceedings. However, whether the prenup was drafted to protect you, your husband, or both of you equally, it could be invalidated if any of the following are true:
- One party claims to have signed the agreement under duress.
- One party hid assets from the other at the time the agreement was made.
- The original contract contains falsified information, invalid provisions, or unfair terms.
These kinds of things are only likely to happen if you have a do-it-yourself prenup or worked with a lawyer who was unfamiliar with California family law and these kinds of legal documents. If you believe your prenup is valid and your husband is claiming there is a reason to void it, you need to talk to a lawyer. Likewise, if your husband is trying to enforce an unfair or invalid prenup, a lawyer can protect your rights.
Make Sure Your Prenup Gets Done Right
When done right, a prenup can eliminate a lot of the stress involved in getting married, particularly if it is a second or late-in-life marriage. At Nathan Law Offices, our team of professionals will work with you to draft a legally enforceable prenuptial agreement. We can also answer questions about existing documents and will help you protect your rights in a divorce. As a lawyer who only represents women in divorce, we are here for you. Request a free download of our book, 15 Smart Ways Women Can Protect Themselves Before a Divorce, and then call our office to make an appointment.