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2 situations where the court might invalidate your prenup

On Behalf of | Mar 20, 2023 | Family Law

When you meet the love of your life and decide to settle down, you hope to live happily ever after. Unfortunately, some marriages just don’t make it. This explains why more and more couples are signing prenuptial agreements before tying the knot. 

A prenup separates personal property from marital property should the marriage end in divorce. To serve its intended purpose, however, a prenuptial agreement must be valid per California prenup laws. However, there are instances when the court might invalidate your prenuptial agreement. Here are some of these instances:

When one spouse signed the document under undue influence 

The law does not require both parties to sign the prenup in the presence of a legal representative. Unfortunately, this can lead to the possibility of one party signing what they do not fully understand. This can happen when one party signs the document while intoxicated. It can also happen when the prenup is handed to them right before the wedding and they feel pressured to sign to avoid embarrassment. It’s always better for both parties to have legal guidance.

When the document contains unconscionable terms

Basically, an unconscionable prenup is one that is so lopsided that is it blatantly unfair to one party. Even if one spouse comes into the marriage with substantial wealth and the other with absolutely nothing, a prenup will still run into problems if one party is severely disadvantaged. To be fair, the prenup should address the best interests of both parties and aim for a split that’s reasonable.

Take your time, because your future depends on the validity of your prenup

A prenup can be an emotionally charged topic. However, it is important that you do not let your feelings cloud your judgment. Knowing how California marital laws work can help you protect your rights and interests while signing a prenuptial agreement.