Common Challenges to Prenups in California
Prenuptial agreements are specifically designed to offer a couple clarity and protection as they move forward into their unknown marital future. However, not every prenuptial agreement is ironclad. A valid prenuptial agreement is a binding contract and will be adhered to. However, flaws in how a prenuptial agreement was created or executed can make a way for a prenuptial agreement to be successfully challenged.
California requires several things in order for a prenup to be considered valid. If one of the requirements is not met, then the agreement could be deemed invalid or unenforceable. Strict requirements must be met for a prenuptial agreement to hold up in court. Making yourself knowledgeable about the applicable law can help you protect yourself and know what your next steps might be moving forward.
California Law and Prenuptial Agreements
California law includes the legal right for prospective spouses to enter into prenuptial agreements prior to legal marriage. The core law on premarital agreements and the requirements are outlined in Family Code section 1610-1617. While these agreements can offer protections to married couples, there are certain non-negotiables for making the agreement binding. Some of the requirements of a valid prenuptial agreement include:
- Agreement must be in writing
- Agreement must be signed by both spouses
- Agreement must be entered into voluntarily
- Spouses must have the mental capacity to enter the agreement
- Spouses must have a minimum of 7 calendar days between being presented with the final version of the agreement and signing the agreement.
- Agreement terms cannot violate the law, violate public policy, or be unconscionable
Failing to follow proper procedure and adhere to the requirements for entering a prenuptial agreement can make the agreement invalid or unenforceable in court.
It is also critically important to understand that the California court reserves for itself the ultimate authority on certain issues. For instance, matters like child support cannot be decided between spouses in the terms of a prenuptial agreement. That is to be determined by weighing what serves the best interests of the child during the course of the divorce.
Contact Cardwell Steigerwald Young LLP
Whether you are seeking to create a solid prenuptial agreement or you need to challenge one in your divorce, contact the experienced San Francisco prenuptial agreement attorneys at Cardwell Steigerwald Young LLP. Our experienced legal counsel knows what a legally sound prenuptial agreement must include and can help you assert your rights.
