California Divorce Attorneys Can Find Ways To Contest A Prenuptial Agreement

A California divorce attorney can explain to you how a prenuptial agreement is a legally binding agreement between two people due to marriage. The purpose of a prenuptial agreement is to remove the hassles and extra expenditure of going to court in the unfortunate case of divorce in the future. The prenuptial agreement dictates the way and manner in which the assets of the two parties will be divided if the situation of divorce arises. It is a very useful contract for protecting assets such as family business, heirlooms, real estate, future sources of incomes such as inheritances, etc.

In order to get a prenuptial agreement, the two parties must make an inventory of their respective assets and then approach a prenuptial agreement lawyer. The key to having a successful and foolproof prenuptial agreement is the full disclosure of assets as a prenuptial agreement only protects those assets which have been listed in the agreement. However, a prenuptial agreement cannot address issues such as alimony, child custody, and child support. It is also prudent to add that if both parties used a CA Family Law Attorney each during the formulation of the prenuptial agreement, then it has more of a chance to be validated in the court of law. It must also be noted that many states require the prenuptial agreement to exist for a certain minimum amount of time before marriage. Furthermore, the prenuptial agreement must be written and not verbal to make it foolproof. In case you also want to file for the same, contacting a California divorce attorney will do well to your case.

A California divorce attorney would tell that there are many ways in which a prenuptial agreement can be invalidated. Most prenuptial agreements are not foolproof and have specific loopholes that can be exploited. Even so, some of the most commonly used techniques for getting a prenuptial agreement declared null and void can be explained by California divorce attorney and include the following:

1. If the prenuptial agreement was verbal, then it can be easily invalidated even if it was done in front of witnesses. Therefore, signatures are a must for it to be successful.
2. The court can often be convinced that the disclosure of assets in the prenuptial agreement was not complete and that certain aspects were hidden on purpose. In such cases, the prenuptial agreement may be declared to be a result of fraud and hence invalid.

3. One can also argue that one was forced or bullied into signing the prenuptial agreement, in which case it will be declared invalid. Not having the prenuptial agreement reviewed by an independent legal authority can support this argument.
4. A skilled California divorce attorney can, more often than not, easily discover various contract specific flaws which can be exploited in the court of law.

Prenuptial agreements are extremely useful tools for preventing legal disputes for soon to be married couples. They, not only prevent emotional stress for both parties, but also help in preventing pointless future expenditure on legal fees related to contested divorce cases. In addition to this, prenuptial agreements also save cost and time of legal courts which are already overburdened with various other cases.