Though some may argue it’s unromantic to discuss the possibility of divorce before you’ve been legally married to your spouse, taking the time to determine whether or not a prenuptial agreement is right for you is critical. If you and your soon-to-be spouse agree that creating this contract is something you’d both like to pursue, it’s also imperative to understand what common errors can invalidate a prenuptial agreement, what happens if the court deems this unenforceable, and why it’s critical to connect with Los Angeles prenuptial agreement attorneys.
What Errors Can Invalidate a Prenuptial Agreement?
It’s important to understand that a prenuptial agreement is a legally binding document created before you are married that determines the outcome of how your property is handled in a divorce. There are many matters that must be discussed and disclosed before creating a prenuptial agreement to ensure it is legally valid.
One of the most common reasons for a prenup to be deemed invalid by the courts is because of fraud. Generally, you must disclose the full extent of all assets, including debts, before creating and signing this document. This ensures both parties are fully aware of the financial circumstances of their spouse. This also prevents one party from hiding assets to receive more funds during the divorce. If it’s discovered that your spouse hid assets or did not fully disclose their finances, this could be grounds for a judge to deem the agreement invalid.
Another reason that a prenuptial agreement may be deemed invalid is because one spouse coerced or manipulated the other into signing. For example, if your spouse makes a promise to you they don’t intend to keep, you may sign the agreement. However, because this is a verbal agreement, it could lead to your prenup being deemed invalid. It is difficult to prove, but if you have a witness present, it could impact the outcome.
Finally, if the terms and conditions of the prenup are incredibly unfair or would leave one spouse experiencing financial hardship, the judge could overrule the outcome, deeming it invalid.
What Happens If I Have an Invalid Prenup?
If a court determines that your prenuptial agreement is not legally binding, it will not be enforced. As such, your divorce will continue as if there was no agreement in place.
This means your assets could be at risk, as California is a community property state. Your assets are subject to an even, 50/50 split between both you and your spouse, regardless of each party’s financial and economic contributions.
If you want to ensure your prenuptial agreement will be honored in the event you and your spouse decide to divorce, it’s in your best interest to connect with an experienced attorney. At the Zitser Family Law Group, our dedicated team will do everything possible to help you achieve peace of mind that your agreement will be honored by the courts. Connect with our team today to learn more about these matters.
