Conditions That Could Nullify a Prenuptial Agreement in California
Entering a prenuptial agreement can provide peace of mind for couples planning to marry in California. However, certain conditions can render a prenup invalid. Understanding these factors is crucial to ensure your agreement stands up in court if challenged.
Since California law has specific requirements for prenuptial agreements, it’s essential to be aware of what could nullify them. An experienced Beverly Hills divorce attorney can guide you through the process. Until then, read on for further information.
Prenuptial Agreement Laws in California
A prenuptial agreement, or “prenup,” is a contract between two people before they get married, outlining how assets and debts will be handled in the event of divorce or death. In California, prenuptial agreements are governed by the Uniform Premarital Agreement Act (UPAA).
For a prenup to be valid in California, it must meet the following criteria:
- Written Agreement: The prenup must be in writing and signed by both parties.
- Voluntary Execution: Both parties must enter into the agreement voluntarily.
- Full Disclosure: There must be a full and fair disclosure of all assets, debts, and property.
- Fair and Reasonable Terms: The terms should not be unconscionable or heavily favor one party.
- Independent Legal Counsel: Each party should have access to independent legal counsel unless explicitly waived in writing.
- Seven-Day Review Period: At least seven days must pass between the time the agreement is first presented and the time it is signed.
Failure to adhere to these requirements can make a prenup invalid.
Conditions That Could Nullify a Prenuptial Agreement
Several conditions can nullify a prenuptial agreement in California. Being aware of these can help you ensure your agreement remains enforceable.
Lack of Voluntary Consent
A court may invalidate the agreement if one party can prove that they were coerced, threatened, or under duress when signing the prenup. Both parties must enter into the contract willingly.
Inadequate Legal Representation
If one party did not have independent legal counsel and did not sign a waiver acknowledging they were informed of their rights to consult an attorney, the prenup might be considered invalid.
Failure To Disclose Assets
A prenup requires full disclosure of all assets, liabilities, and property. If it’s found that one party hid information or provided incomplete disclosure, the agreement could be nullified.
Unconscionable Terms
Agreements that are extremely one-sided or unfair may not be enforced. For example, if the prenup leaves one spouse with everything and the other with nothing, a court may find it unconscionable.
Violation of Public Policy
Provisions that encourage divorce or include illegal activities can render a prenup invalid. For instance, agreements that waive child support obligations are not enforceable.
Lack of Proper Execution
It may be considered void if the prenup was not executed according to California’s legal requirements — such as not being in writing or allowing for the seven-day review period.
Understanding these conditions is vital to protecting your interests and ensuring your prenuptial agreement is enforceable.
Contact a Beverly Hills Family Lawyer Today
Navigating the complexities of prenuptial agreements in California can be challenging. A knowledgeable family law attorney can provide invaluable assistance in several ways, including:
- Drafting the Agreement: involves ensuring that the prenup meets all legal requirements and reflects both parties’ intentions
- Providing Legal Counsel: involves offering independent advice to help you understand your rights and obligations
- Reviewing Existing Agreements: involves assessing whether your current prenup is valid and enforceable
- Negotiating Terms: involves assisting in creating fair and reasonable terms that protect both parties
- Representing You in Family Court: involves advocating on your behalf to uphold or challenge the agreement.
If you’re going through a divorce, you need a strong team on your side fighting for your rights. Call Berenji & Associates Divorce Lawyers today to know how we can assist you.
Berenji & Associates Divorce Lawyers Beverly Hills Office
9465 Wilshire Blvd #333
Beverly Hills, CA 90212
(213) 277-2586
Berenji & Associates Divorce Lawyers Los Angeles Office
550 S. Hill Street STE 1467
Los Angeles, CA 90013
(310) 271-6290