If you are going through a divorce in the state of California, you may wonder if the agreement is still valid — or, possibly, if it can be challenged and broken.
There are actually several ways in which you can potentially challenge your prenuptial agreement. This is usually done by contesting some of the circumstances surrounding the way in which the prenuptial agreement was presented to you in the first place. The following are some of the most common ways to challenge a prenuptial agreement.
Show that you were pressured into signing the agreement
Many people are pressured into signing a prenuptial agreement through unfair circumstances. In order for the agreement to be valid, a person must know what they are signing and sign the document on their own accord. They must also not be placed under undue pressure — the kind that really amounts to extortion.
If, for example, you were presented with the prenuptial agreement hours before you were scheduled to be married, you may have felt an overwhelming pressure to sign the document — no matter what its terms. In that situation, you may be able to argue that the prenuptial agreement is not enforceable because you signed under duress.
Give a reason why the provisions are invalid
Alternatively, you may want to argue that the provisions held within the agreement are not legally enforceable. This may be because they violate the law or contradict themselves.
For example, prenups cannot be used to determine custody of minor children in the event of a divorce. That violates the law when it comes to making sure that the best interests of the children are protected. Any prenup regarding custody is likely invalid.
If you are getting a divorce, it is important to prepare yourself as early in the process as possible. If a prenup is a concern, talk to an attorney early about any potential problems.