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Reasons a prenuptial agreement might not be enforced in divorce

Many individuals in California may consider it essential to maintain a healthy financial future throughout life. Upon making the decision to enter a marriage, a couple might wish to safeguard their finances by implementing a prenuptial agreement. Since this can be a complex process, a person could find it helpful to seek assistance in properly executing a prenuptial agreement to avoid having the arrangement be deemed invalid during divorce proceedings.

In many cases, a couple may initially begin discussing a prenuptial agreement verbally, but the document must be set forth in writing to be enforceable. In addition, each party who signs the agreement must do so of his or her own volition without being pressured into the arrangement. Those who enter a similar arrangement must also be given sufficient time to review the document before signing it.

When forming a prenuptial agreement, it is essential to be thorough and ensure that all the information within is correct. The presence of false or incomplete information could invalidate the agreement. In some cases, the court may choose not to enforce a prenuptial agreement if either party didn't have access to legal representation prior to signing it.

A prenuptial agreement can be a tool to help couples protect their financial rights during a divorce. Since the document must be properly signed and executed, those who wish to enter such an arrangement could choose to consult with a family law attorney for assistance in navigating the process. Should a person in California decide to dissolve his or her marriage, an attorney can provide guidance on what to expect and how to prepare for subsequent divorce proceedings.

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