There are a lot of decisions to make and conversations to have with a prospective marital partner when marriage talks begin. California residents may wish to know if their potential spouses want kids or have plans to change careers within their lifetimes. They may also want to know what their partners’ financial histories look like and what property they own.
Discussions about assets and property can lead individuals into conversations about money and wealth expectations during marriage. To clear up and put into words the decisions individuals make about the distribution and management of their money as they approach marriage, some choose to execute prenuptial agreements. However, not all executed prenups hold up in court. Certain conditions can make some executed prenuptial agreements invalid.
Problems during the preparation of prenups
An individual may be able to have their prenup set aside if they can show that their partner did not fully or accurately disclose their assets and liabilities at the time of their negotiations. If the victim did not waive their right to know specific information about their partner’s assets, and if the agreement was ultimately rendered unconscionable but the issues, the prenup may be set aside.
Similarly, if a person is forced or coerced into signing a prenup that the do not understand or do not agree with, that agreement may be later rendered as invalid. Agreements like prenups must be made voluntarily and force may not be a part of a contract’s preparation and execution.
Addressing prenup problems
One of the best ways to avoid prenup problems later on is to make sure one’s prenuptial agreement is property drafted and executed from the beginning. A trusted attorney can help their client protect their rights and interests through a prenup. However, when problems arise after a marriage, a family law lawyer can offer their client advice and insights into how to deal with their agreement-related issues.