What Makes A San Jose Prenuptial Agreement Unenforceable?
For couples in San Jose who plan on getting married, putting a prenuptial agreement in place can provide clarity and peace of mind. However, just because you create and sign this type of legal document, it does not automatically mean that your prenup will hold up in court.
In California, courts may refuse to enforce a prenuptial agreement if it fails to meet strict legal standards. If you are considering getting a prenup in Santa Clara County, it is vitally important to know what can render it invalid. Our San Jose prenuptial agreement lawyer explains common pitfalls and how to create an agreement that works when needed most.
Common Reasons Why The Santa Clara County Court Invalidates Prenuptial Agreements
California’s Uniform Premarital Agreement Act (UPAA), outlined under Family Code Sections 1600–1617, governs prenuptial agreements. In order for the courts to enforce a San Jose prenup, it must meet specific legal requirements.
There are a variety of reasons why the Santa Clara County court may deem your prenuptial agreement unenforceable. These include:
- Lack of voluntary consent: If one party signed under pressure, duress, or without adequate time to review the agreement, your prenup may be invalid.
- No waiting period: California law requires a seven-day waiting period between when a prenuptial agreement is first presented and when it is signed, particularly if it includes a waiver of spousal support.
- Failure to provide full financial disclosure: Each party must thoroughly disclose all property, assets, debts, and income before signing a prenuptial agreement.
- No opportunity to seek legal counsel: While parties can waive the right to legal representation, California courts view prenuptial agreements more favorably if each person had their own lawyer.
- Unconscionable terms: A prenup may be unenforceable if its terms are grossly unfair or would leave one spouse disadvantaged financially.
- Illegal or unenforceable provisions: Your prenuptial agreement must not include prohibited topics, such as child custody, child support, and personal obligations unrelated to finances.
Steps To Ensure Your San Jose Prenuptial Agreement Is Valid
Putting a San Jose prenuptial agreement in place can help protect your relationship with your future spouse by encouraging open communication about financial matters and clarifying expectations regarding lifestyle and other important issues. The best way to ensure your prenup stands up in the Santa Clara County Court is to follow these steps:
- Thoroughly disclose all property, assets, and debts.
- Avoid terms that unfairly benefit one party over the other.
- Provide enough time for your partner to thoroughly review the terms of your prenup prior to signing.
- Update your San Jose prenuptial agreement if significant financial changes occur before marriage.
- If changes occur after marriage, consider creating a postnuptial agreement instead.
Consult Our Experienced San Jose Prenuptial Agreement Lawyer Today
Argyris Mah, LLP has extensive experience creating prenuptial agreements for San Jose couples. We understand what makes a prenup enforceable and what puts it at risk. If you’re planning a marriage and want to protect your future, contact our office. Reach out and request a consultation with our San Jose prenuptial agreement lawyer today.
Sources:
leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAM&division=4.&title&part=5.&chapter=2.&article=2.
santaclara.courts.ca.gov/divisions/family-division
