

3 Reasons Why Your Premarital Agreement Might Be Invalid
#1: An absence of independent legal counsel
The parties signing up the agreement must have sufficient time before they can make up their mind to agree to the terms of the prenup. Also, they must fully understand the implication of each of the legal terms and clauses mentioned on the prenup. The state of California, therefore, makes it mandatory, for both the parties signing the prenuptial agreement to have independent legal representation in the form of a personal attorney, to render the agreement valid. In case, either one or both the parties fail to obtain legal counsel before signing the prenup, the document will be considered unenforceable by the state law.
#2: The agreement possesses fraudulent information
There are many cases, wherein one of the partners purposely discloses false or incorrect information regarding the value of his/her property and assets in the prenup. If a spouse is able to prove in the court of law that his or her partner has made an incorrect declaration of their property or assets for obtaining an undue advantage over the former, they have a strong case for requesting the judge to consider the prenup invalid.
#3: Duress or coercion
A prenup will be considered as invalid if one party has been forced into signing the document or did not have the mental capacity to do so at the time of signing. For example, if a spouse forces his or her partner, who is under the influence of alcohol or drugs to sign the agreement, the prenup will not be considered enforceable by the state laws. Another example of a prenup being rendered invalid is when a party is coerced against their will to sign the agreement in exchange for some favors.
It is, therefore, advisable, to get a legal consultation from an attorney while crafting a prenup, in order to eliminate the chances of you encountering any legal pitfalls in the future.
Getting divorced in California can be complicated. Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.


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