Challenging a Prenuptial Agreement in a San Jose Divorce: What You Need to Know

Prenuptial agreements in San Jose are designed to provide clarity and financial protection for both parties, both during the marriage and in the event of a divorce. However, not all prenups are ironclad.

If you get a divorce in Santa Clara County and previously signed a prenuptial agreement that now seems unfair or was created under questionable circumstances, you may have grounds to challenge it. Our San Jose prenuptial agreement lawyer has extensive experience representing clients in these cases and explains when and how a prenup can be contested under California law.

Legal Grounds for Contesting a San Jose Prenuptial Agreement

Getting a prenuptial agreement in San Jose is increasingly common among couples. It promotes communication about money matters, provides full disclosure of each party’s assets and debts, clarifies expectations, and offers certain estate planning benefits. However, one of the chief goals of a San Jose prenup is to protect your rights in the event of divorce proceedings.

Santa Clara County family courts generally uphold prenuptial agreements, but there are several legal reasons why one may be invalidated. Under the California Family Code, a prenup may be unenforceable if:

• You did not voluntarily consent and instead faced pressure, coercion, or signed under duress;
• One of the parties did not fully disclose all of their property, assets, and debts;
• The agreement is extremely unfair and benefits one party over the other;
• One of the parties was not given the opportunity to consult with or have the document reviewed by their own attorney before signing.

How To Challenge a Prenuptial Agreement in a San Jose Divorce

If you are filing for a divorce through the Santa Clara County Family Court and have a prenuptial agreement that you think is unfair or legally invalid, consult with our experienced San Jose divorce attorney immediately. Ways we can help you challenge a prenup include:

• Review the terms of your prenuptial agreement and assess whether it conforms to state laws;
• Gather evidence, such as documents, communications, and witness testimony, to support claims of coercion, fraud, or lack of disclosure;
• File a formal challenge with the court to invalidate all or part of the prenuptial agreement;
• Negotiate with the other party and make strong legal arguments to ensure you get your fair share in any divorce settlements or final orders.

To Protect Your Rights, Contact Our San Jose Prenuptial Agreement Lawyer

If you are going through a divorce in San Jose and have a prenuptial agreement, get legal help from an experienced professional to ensure your rights are protected. Argyris Mah, LLP provides trusted legal representation for clients facing complex divorce and prenuptial agreement disputes. We can evaluate your situation, determine if your prenup can be challenged, and fight for the best possible outcome in Santa Clara County divorce proceedings.

Do not take any chances. To get what you are entitled to in divorce proceedings, contact our office. Request a consultation today with our experienced San Jose prenuptial agreement/divorce lawyer.

Sources:

leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=1615.

santaclara.courts.ca.gov/divisions/family-division