Posted in Prenuptial Agreements
Prenuptial agreements offer valuable protection for both parties entering a marriage, but only when drafted correctly. A poorly written prenup can be challenged in court or deemed unenforceable, leaving you without the protections you thought you had secured. Understanding what weakens these agreements helps you create a document that stands up to legal scrutiny.
Waiting Until the Last Minute
Timing matters significantly when creating a prenuptial agreement. Courts may invalidate contracts signed under duress or without adequate time for review. California law doesn’t specify an exact waiting period, but presenting a prenup days before the wedding raises red flags. Each party needs sufficient time to review the terms, consult with its own attorney, and negotiate changes. Rushing this process suggests one party didn’t have a fair opportunity to understand what they were signing. Most family law attorneys recommend finalizing prenups at least 30 days before the wedding, though earlier is better.
Failing To Disclose All Assets
Full financial disclosure forms the foundation of any valid prenuptial agreement. Both parties must provide complete and accurate information about their assets, debts, income, and property. Hiding assets or undervaluing property can render the entire agreement unenforceable. This includes:
- Bank accounts and investment portfolios
- Real estate holdings
- Business interests and intellectual property
- Retirement accounts and pension plans
- Valuable personal property
A Redondo Beach family lawyer can guide you through the disclosure process to verify you’ve documented everything properly.
Using Generic Or Online Templates
Downloaded templates and one-size-fits-all forms rarely address the specific needs of your situation. California has particular requirements for prenuptial agreements that generic documents may not satisfy. These templates often contain provisions that conflict with California law or fail to account for community property rules. What works in another state may be completely unenforceable here. Professional legal guidance from Skarin Law Group helps you create an agreement tailored to your circumstances and compliant with state requirements.
Not Having Independent Legal Representation
Each party should have its own attorney review the prenuptial agreement. When only one person has legal representation, courts may view the agreement as unfair or one-sided. Independent counsel protects both parties by verifying that the agreement is reasonable and that each person understands their rights. This also prevents later claims that someone didn’t comprehend what they were signing or was pressured into accepting unfavorable terms.
Creating Unfair Or One-Sided Terms
California courts can refuse to enforce prenuptial agreements that are unconscionable or extremely unfair to one party. An agreement that leaves one spouse with virtually nothing while the other retains everything will likely face challenges. The terms should be reasonable for both parties, even if they’re not perfectly equal. Courts examine whether the agreement would create significant hardship or leave one person in financial distress.
Overlooking Child-Related Provisions
Prenuptial agreements cannot determine child custody or child support arrangements. California law requires these issues to be decided based on the child’s best interests at the time of divorce, not years earlier when the prenup was signed. Including these provisions doesn’t just make them unenforceable. It can call the validity of the entire agreement into question. A Redondo Beach family lawyer can help you understand which matters belong in a prenup and which must be handled separately.
Forgetting To Update The Agreement
Life changes after marriage. Starting a business, receiving an inheritance, or having children can all affect how your prenup should function. Many couples forget that these agreements can and should be reviewed periodically. California allows married couples to modify their prenuptial agreements through a postnuptial agreement. Regular reviews help verify your prenup still reflects your wishes and circumstances.
Protecting Your Future
A well-drafted prenuptial agreement provides peace of mind and financial clarity for both parties. Taking the time to do it right means working with experienced legal counsel, being transparent about your finances, and creating fair terms that comply with California law. Don’t let preventable mistakes undermine the protection you’re seeking for your marriage and your future.
