Signing a prenuptial agreement does not automatically make it enforceable. A prenuptial agreement may be contested and potentially deemed unforceable if specific legal requirements were not met.
What Makes a Prenup Valid?
A prenuptial agreement in California is only valid if it is entered into under specific legal conditions. It must be signed voluntarily, with informed consent from both parties who have received full financial disclosure. Each party must be given at least 7 days before signing to review and negotiate the terms, with the opportunity to seek independent legal guidance. The terms of the prenuptial agreement must not be unconscionable. The agreement must be in writing, presented in a language understood by both parties, free of fraud, errors, or misrepresentation, and signed before marriage.
Common Reasons Why a Prenuptial Agreement May Be Unforceable in California
A prenuptial agreement may be challenged on certain legal grounds in California.
- Failure to fully disclose finances: Your spouse did not give you true and accurate information about their assets, debts, or income.
- Fraud, mistake, or misrepresentation: You were given false, incomplete, or misleading information.
- Lack of independent legal counsel: You did not have the opportunity to speak to a lawyer.
- Coercion or duress: You were pressured, threatened, or manipulated into signing.
- Unconscionable terms: The prenuptial agreement is extremely one-sided at the time of signing.
- Inadequate time to review: You signed the prenuptial agreement less than seven days after being presented with the final version of it.
Lack of Full Financial Disclosure
It is important that couples honestly discuss their individual careers and finances before marrying, let alone signing a prenuptial agreement.
California law requires that both parties fully disclose their assets, debts, and income before signing a prenuptial agreement. If your spouse hid or falsified financial information, it is important to collect as much evidence of that as you can and work with a skilled lawyer to challenge the agreement.
Lack of Independent Legal Advice
Always consult with a lawyer chosen exclusively and independently by you before signing a prenuptial agreement. This will help you negotiate with a clearer understanding of your rights and the legal implications of the terms of the agreement.
California law requires independent legal counsel at the time of signing if your prenuptial agreement states that you agree to waive spousal support or receive limited spousal support in the event of divorce.
Not having access to independent legal counsel can be a key factor in a court’s decision to deem your prenuptial agreement unenforceable. Consider a situation where one spouse wants to hire their own attorney to review the prenuptial agreement but cannot afford it. Their wealthier spouse refuses to pay for their legal fees and pressures them to sign the prenuptial agreement while threatening to call off the wedding. In this situation, the lack of access to legal advice, combined with the pressure to sign, could lead to the individual feeling like they have no free will in the matter. The court may find the agreement to not have been entered into fairly.
Coercion or Duress
Genuine consent is essential for any prenuptial agreement to be enforceable.
If you were manipulated, pressured, or threatened to sign the agreement against your better judgment or while fearing the other party’s reaction, your signing may be deemed the result of coercion or duress. A prenuptial agreement that was not signed voluntarily may be ruled as unenforceable.
Unconscionable Terms
Unconscionable terms are so unjust that they shock the conscience.
If a prenuptial agreement would leave you in a severely disadvantaged financial position, especially in contrast to your spouse after divorce, a judge may view those terms as unconscionable. An agreement with terms that would create a gross imbalance can also raise concerns that it was signed without full financial disclosure or under duress.
In re the Marriage of Kim and Mark S. Zucker involves a high-net-worth California couple who divorced after many years of marriage and raising six children. Their prenuptial agreement had the wife waive her community property rights and agree that in the event of divorce, she would accept a one-time payment of $10,000 along with spousal support capped at $6,000 per month. At the time of signing, the husband was earning several million dollars annually, creating a severe financial disparity. While the court found evidence that the agreement was signed voluntarily, the spousal support provision was ruled unconscionable. The court invalidated the spousal support provision, while allowing the remainder of the agreement to stand.
Timing: The 7-Day Rule
California has a 7-day rule, requiring that the party asked to sign the prenuptial agreement must receive the final agreement at least seven calendar days before signing.
If you were compelled, pressured, or rushed into signing a prenuptial agreement, California courts may view that as coercion. Consider a scenario in which an engaged couple plans to marry without a prenuptial agreement. However, one party is unexpectedly presented with a prenuptial agreement a few days before the wedding and asked to sign immediately. Signing without sufficient time to review and negotiate the terms or to obtain legal guidance creates a presumption that the agreement was not executed voluntarily, which may render it unenforceable.
Is Your Prenup Fair? Consult with Kaspar & Lugay LLP
Before you sign a prenuptial agreement, call Kaspar & Lugay LLP to make sure that it protects your needs and priorities with fairness and enforceability. Agreements drafted from standardized templates or based on what worked for previous generations often fail to address the realities and complex concerns of modern marriages.
If you already have a prenuptial agreement and are considering challenging its validity, our experienced family law attorneys will carefully review the terms and advise you on your best course of action. As skilled negotiators and experienced trial attorneys, we work diligently to achieve the most favorable outcome for our clients.
Call 415-789-5881 or contact us online to schedule a discreet consultation.
