Invalidating Sections of a Prenuptial Agreement
A prenuptial agreement is a legal contract signed by spouses-to-be. It is an understanding about which assets will become a part of the marital property, who will continue to own what assets and how will the finances and assets be divided if a divorce ever occurs. A prenup generally protects the spouse with greater wealth so that they do not have to lose in the event of a divorce.
Women should always opt for a well-executed pre-nuptial agreement. A thoughtfully prepared prenup can be an excellent means of protecting your gifts or inheritances if you ever have to go through a divorce. But the truth is that prenuptial agreements can be contested and certain provisions of the agreement can be invalidated.
Grounds for invalidating a prenup
A prenuptial agreement can be declared invalid on the following grounds –
- If it can be proved that the prenup is fraudulent. It may be possible that either of the spouses did not disclose their debts, properties and other assets completely.
- If any party was forced to sign the agreement.
- If the paperwork is incomplete and inaccurately done.
- If the agreement was executed without the presence of and validation from any legal representative.
- If the provisions are not practical.
Ways to prevent invalidation
As it is quite possible to contest and invalidate a prenup on the above mentioned grounds, it goes without saying that you need to make your prenup as foolproof as possible. Apart from that, certain other measures can be taken to prevent the invalidation of a prenuptial agreement and also protect one’s assets. These include –
- Each spouse should have separate assets and should maintain them separately. Co-owning or having joint accounts will allow the assets to be considered as marital property.
- Hire an asset protection trust attorney and consult with them. One way of ensuring absolute protection of your separate properties includes transferring ownership into a trust. Do it before you get married or at least before you file for a divorce.
- Get your properties, businesses and other assets valued at the time of your marriage. Also, get them appraised.
Getting divorced in California can be complicated, so it’s important to know about the divorce process first and then about prenuptial agreement. So download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.
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