Having a prenuptial agreement is often a good thing when you decide to file for divorce in California. This agreement helps to simplify the process of dividing assets. It also offers you some protection. You can ensure you walk away from the marriage with your fair share. However, there are some situations where the court may throw out an agreement.
According to Forbes, a prenuptial agreement is usually valid and legal, but there are some things that could make it easy for the court to invalidate it. One of the most common ways a document becomes invalid is by including provisions that are not enforceable. You cannot make it so only one of you benefits, nor can you include requirements that are not reasonable. For example, if one of you gets everything and the other person gets nothing, the court may see this as unfair. Another example of something that could void a prenup is a requirement that the other person must do certain things, such as maintaining a specific weight, or he or she gets nothing.
In addition, if the document was not filed correctly or there were other administrative errors, that could lead to the court throwing it out. It is also important that both you and your spouse had legal representation when signing the document. If this was not the case, it can void the document.
Finally, if there is any air of fraud, coercion or other illegal acts associated with it, the court will likely throw it out. It must be legal in every sense for the court to consider it a valid agreement that is enforceable. This information is for education and is not legal advice.