Prenuptial agreements often lie forgotten in a drawer or closet once a couple gets married. Until the possibility of divorce arises, at which point, locating and reviewing the contract is critical.
If you believe your premarital agreement contains illegal or immoral provisions, you may wonder if the document is valid. Generally, prenuptial agreements are airtight, but there are several reasons a judge may deem the agreement invalid under California law.
Four ways your prenup might be invalid
Most people do not know what to look for when reviewing a prenuptial agreement for validity. Learning more about the divorce laws in California can help. In the meantime, study these reasons a prenup could be invalid:
- Incomplete financial details. A valid premarital agreement requires full financial disclosure from both parties before signing the document. A judge might void the contract if you show that your spouse omitted vital details like income streams, property, foreign investments, etc.
- Involuntary participation. Prenuptial agreements are not valid when either spouse signs the contract involuntarily. If you can prove you were coerced, forced or tricked into providing your signature, it will likely mean the agreement is not valid.
- Invalid provisions. Although premarital agreements allow couples to make critical financial decisions, there are limits to what they can do. For example, if a spouse waives their right to spousal support in a prenup, a court will probably rule the agreement invalid.
- Insufficient review time. Under state law, parties to prenuptial agreements have no less than seven days to review the document or seek a professional legal review. The allotted time begins once you receive the premarital contract.
These are not the only issues that can release you from an unfair prenup. Continue educating yourself about marital agreements to ensure your protection when getting a divorce.