Can a prenuptial agreement be invalidated?
When you meet the love of your life, you hope to tie the knot and spend the rest of your life with them. Unfortunately, some love stories end in divorce. And this explains why more and more couples are signing prenups before making things official.
A prenuptial agreement separates marital property from personal property in the event of a divorce. For this contract to hold, however, it must be valid. If you believe the prenup you signed had problems, you may challenge it. But exactly under what circumstances can you do this?
Invalidating a prenup
The court may decline to enforce a prenup under certain circumstances. For starters, a prenup must be written and signed by both parties to be considered valid in California. A verbal or unsigned prenup will most likely be voided. Additionally, here are three instances when a prenup can be voided:
If either party signed the document under duress. A prenup, like any other legal document, cannot be signed under undue pressure. For instance, if your fiancé demands that you sign the prenup in exchange for a beach wedding or specific honeymoon plans, then you might argue that you signed the document under duress.
If one party lies about their assets. Both parties are required to make full disclosures of their assets and liabilities at the time of signing the prenup. If either party withholds their assets or lies about their debt, then the prenup may be voided.
If one party lacked the mental capacity to sign the document. You cannot sign a prenup while under the influence of alcohol or other intoxicating drugs. Likewise, you cannot sign a prenup while suffering from a mental condition that impairs your judgment. If this happens, then the document might be invalidated.
A prenup can be challenged. If you believe there are problems with your prenuptial agreement, it’s wise to seek tailored legal guidance.