How to Ensure Your Prenuptial Agreement Is Valid
With divorce rates in California being higher than the national average, more and more couples are proposing and signing prenuptial agreements. They are doing so to not only protect themselves or their significant other, but also to set boundaries in the case of second marriages, when they still have financial responsibilities to any children they may already have.
As Los Angeles falls within a state that follows common property laws it would make sense for couples to engage in a prenuptial agreement, as awkward as it may be to discuss, in order to take control of the outcome should the marriage fail. While the process may seem straightforward enough, there may occasionally be instances where your prenuptial agreement is not valid.
What Makes an Agreement Invalid?
A prenuptial agreement forms a legal document, and so must be compliant with the laws and regulations surrounding all legal agreements. As such, there are a number of reasons which can lead to your prenuptial agreement being invalid:
- Signed under duress – if either party was pressured in any way to sign the agreement
- It wasn’t read – every legal document needs to be read prior to signing it, but if the document was given with the assurance that all was well within it and you did not read it, or you were not given an ample timeframe to go through the document it may not be enforceable
- Incorrect information – if the details written within the agreement are either false or incompletely entered, the agreement becomes invalid. For a prenuptial agreement to be valid, full disclosure by both parties must be given
- It was formed as a verbal agreement – all prenuptial agreements must be in writing
- Unlawful provisions – any agreement that relates to illegal activities will have those activities stricken from the agreement, or potentially the entire document being deemed invalid
To avoid any potential issues in the future, it is best to have your prenuptial agreement executed by an experienced family law attorney. We invite you to contact us at Lavinsky Law Firm today on (310) 274-2717 to discover how we can help.