Love is a wonderful thing. And when you meet that “special someone” you hope to be with them for the rest of your earthly life. Unfortunately, not all love stories last a lifetime. And this explains why most California couples are signing prenuptial agreements before getting into marriage.
A prenuptial agreement, or a prenup as it is commonly known, is a binding contract that engaged couples sign prior to their marriage. This is not some form of gentleman’s agreement. Rather, it is a legal contract that defines what happens to the marital property should the marriage fail to work. But can you vacate a prenup after signing one?
And the answer is, YES, you can vacate a prenuptial agreement under the following circumstances:
If you were coerced into signing the prenup
Figuring out your place in a prenup is crucial. Like with any other legal document, your soon-to-be spouse cannot force you to sign the prenup. Of course, coercion can happen in a variety of ways such as physical threats or blackmail. If the other party coerced or threatened you with disenfranchisement, you may opt out of the prenuptial agreement.
If your spouse hid assets
At the core of the prenup is the separation of personal property from marital property in the event of a divorce. Thus, while prepping to sign the prenup, each party is required to make full disclosure of what they own and owe at the time of signing the document. If your spouse is not forthright with their assets, you may petition for the invalidation of the prenup.
Safeguarding your rights
Signing a prenuptial agreement before marriage can give you peace of mind knowing that your personal property will not be subjected to division in the event of a divorce. Learning more about California prenup laws can help you safeguard your rights and interests while signing the prenup.