3 Reasons Why Your Premarital Agreement Might Be Invalid

Prenups are a great option for couples who are thinking of tying the knot. They are not only meant to protect the interests and rights of both the parties, but also are effective in minimizing conflicts and disagreements in the event of a divorce. However, many a time, the spouses who design their own prenups end up making glaring mistakes in the text. Such mistakes can cause the entire prenup to become invalid in the eyes of the law. Let us have a look at some of the factors that might make a premarital agreement unenforceable by your state laws.

#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.  

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.