Flicker, Kerin, Kruger & Bissada, LLP
Menlo Park
San Ramon

Is your prenuptial agreement invalid?

Going through a divorce can be one of the most difficult experiences of your life. You may worry about your own well-being, the financial impacts, the social impacts and the effects on your children, if you have any. Understandably, you may feel a great deal of stress as you face this life-changing event.

The financial effects of divorce can be particularly worrisome. Property division can have a considerable impact on how a person may fare financially after ending a marriage. Before you tied the knot, you and your soon-to-be ex-spouse may have come to a prenuptial agreement. However, you may have questions as to whether the agreement is enforceable.

Ask yourself these questions

At the time you agreed to the prenup, you may have had some concerns but may not have addressed those concerns because you planned to remain married for the rest of your life. Now, you could find yourself wishing you had brought up your worries well before filing for divorce. Fortunately, you may have the ability to get out of the agreement if the court considers it unenforceable.

Consider the following questions to determine whether your prenup may be invalid:

  • Is your prenup on paper? If you and your spouse came to a verbal agreement only, the court will likely not enforce the agreement.
  • Did you read the document? Even if your prenup is on paper, if you did not read it before signing, the court may consider it invalid.
  • Did you have time to negotiate and understand the terms? If your spouse handed you papers to sign and did not give you the opportunity to negotiate, understand the terms or otherwise give it its due consideration, it may not be valid.
  • Did your spouse or spouse's attorney pressure you? If your spouse, his or her attorney, family or friends pressured you into signing the agreement, you may be able to argue for its unenforceability.
  • Did the agreement include the right information? If your spouse did not disclose the correct information in the document, the court may throw it out.

Other reasons for considering a prenuptial agreement invalid also exist. Depending on your circumstances, you may have other arguments to make in regard to its unenforceability.

Handling divorce

You may have to contend with a number of complications during your divorce, and you certainly want to reach the best outcomes for your case. In order to understand your legal options, you may want to consult with a California attorney regarding your case and how a prenuptial agreement may affect it.

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