Prenuptial agreements are often seen as a way to simplify the divorce process and protect assets. But what happens if a prenup is challenged during divorce proceedings?
Read on to explore the ways in which a prenup can be challenged and why it is so important to have an enforceable and valid prenup before signing it.
What Makes a Valid Prenup?
In order for a prenuptial agreement to be considered valid, it must meet specific criteria. The agreement must be in writing, signed by both parties, and notarized in order to be legally enforceable.
Additionally, each party must provide full disclosure of all assets prior to signing the agreement. This means that each person must provide accurate information about their income, debts, business interests, investments, real estate holdings, and other assets owned before entering into the marriage. Without this full disclosure of assets, the agreement may not be considered valid by the court.
When Can a Prenup be Challenged?
A prenuptial agreement can be challenged on several grounds. In California, one of these grounds includes a lack of full disclosure of assets prior to signing the agreement. If either party was unable or unwilling to disclose their finances fully before agreeing to the terms of the prenup, then it may not stand up in court when challenged.
Further challenges may also come from evidence that one or both parties were coerced into signing the contract or that there was fraud involved in obtaining its signature. Finally, any changes made after signing must also adhere to state laws for them to remain valid and enforceable under California law.
Why is It Important To Ensure That Your Prenup is Valid?
It’s essential for couples preparing for marriage who plan on having a prenuptial agreement drafted and signed that they understand all aspects of how such an agreement works and how it will apply should they ever get divorced down the road. It is essential that these agreements are drafted carefully with both parties' best interests in mind so they are legally binding once signed; otherwise, they could become nullified during divorce proceedings due to legal challenges or being found invalid due to discrepancies when compared against established state laws governing such contracts.
Furthermore, couples should consult with an experienced family law attorney who can provide advice on how best to create an enforceable prenuptial agreement that meets their particular needs as well as those of their partner before they sign off on their prenuptial agreement. This can help prevent future complications in the event of a divorce.
Giving You The Upper-Hand During This Difficult Time
No one anticipates getting divorced when they enter into marriage; however, if you do end up needing to go through this process at some point down the road, it's important that you take steps now before your marriage to ensure your prenuptial agreement is legally binding should you ever need it in the future.
With the guidance of one of our attorneys at Law Office of Michael R. Young, you can be sure that your prenuptial agreement is valid in the event of a divorce. Call our office at (909) 315-4588 to schedule a consultation and learn more about how we can help you.