How To Challenge a San Jose Prenuptial or Postnuptial Agreement
Signing a prenuptial or postnuptial agreement in San Jose doesn’t mean the terms are set in stone. If you believe it is unfair, incomplete, or you signed under the wrong circumstances, you may have grounds to challenge it in court.
Understanding when and how California law applies is crucial to protecting your rights. Our experienced San Jose divorce lawyer explains the legal grounds for contesting a marital agreement and what to expect from the process.
Grounds for Challenging a Marital Agreement in San Jose
California courts will enforce a San Jose prenuptial or postnuptial agreement only if it meets specific legal requirements. If those terms aren’t met, the agreement can be partially or fully invalidated.
The burden falls on the party challenging the agreement to demonstrate that something went wrong in its creation or execution. California courts have set aside prenuptial and postnuptial agreements on the following grounds:
- Failing to disclose full assets, debts, or income.
- Signing under duress, pressure, or threat.
- Lack of capacity, when one party didn’t understand what they were signing at the time.
- Terms so one-sided that enforcing them would be unconscionable.
- When one of the parties did not have adequate time to review the agreement.
- Either spouse signed without independent legal counsel or a knowing waiver of that right.
Under Section 1615 of the California Family Code, a San Jose prenuptial agreement may be declared unenforceable by the court if you can prove you didn’t sign voluntarily, were deceived, or the other party failed to disclose their full financial situation. Similar standards apply to postnuptial agreements under Section 721.
Contesting a Marital Agreement in the Santa Clara County Court
Judges with the Santa Clara County Family Court do not set aside marital agreements lightly. Contesting a San Jose prenuptial or postnuptial agreement requires evidence and a strong legal strategy. To strengthen your case, take these steps:
- Gather financial records that reveal undisclosed assets or income at the time of signing.
- Identify witnesses who can speak to the circumstances surrounding the signing.
- Obtain communications such as emails or texts that suggest pressure or coercion.
- Review the timeline to establish whether there was adequate review time.
- Work with a forensic accountant if hidden assets or complex finances are involved.
California family courts recognize that marital agreements can have a profound impact on both spouses’ legal rights and financial futures. Judges carefully scrutinize those that appear to heavily favor one party, particularly if the other did not have legal representation.
Contact Our Experienced San Jose Divorce Lawyer and Request a Consultation Today
An unfair pre- or postnuptial agreement can seriously jeopardize your rights in a Santa Clara County divorce. At Argyris Mah, LLP, our experienced San Jose divorce lawyer can thoroughly review these documents, determine whether they comply with state laws, and advise you on your legal options for challenging them in court. To request a confidential consultation, give our office a call or contact us online today.
Sources:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=1615
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=721
