Prenuptial agreements are essential for high-asset couples. They provide clarity and security, helping you secure your assets and finances in case of a divorce. However, not all prenups hold up in court.
Some mistakes can void the agreement and leave you unprotected during a high-asset divorce. California, in particular, has state-specific laws you need to follow to make sure your prenup remains valid.
Below are three errors that could void your prenup in the Golden State.
Including unconscionable terms
If the terms heavily and unreasonably favor one party, the court may consider it invalid. A prenup may be unconscionable if it:
- Leaves one spouse with virtually nothing while the other retains all assets
- Includes clauses that incentivize divorce or make reconciliation more difficult
- Waives spousal support for the lower-earning spouse, especially after a long-term marriage
A prenup should always be fair. Both parties should have reasonable obligations and benefits from the agreement.
Signing the prenup in less than seven days
California laws require that couples wait at least seven calendar days between receiving the final document and signing it. The prenup may only hold up in court if you have several hours.
The time requirement gives each party a sufficient chance to review the document. It helps ensure that you have time to consult your legal counsel.
Not having separate legal counsel
In most states, independent legal counsel is preferable but optional. However, in California, you and your spouse must have separate legal counsel unless:
- You sign a waiver expressly waiving your right to legal counsel
- Your prenup doesn’t include spousal support provisions
If your agreement includes a clause about spousal support or alimony and one of you signed it without consulting an attorney, the court will not enforce your prenup.
Avoid prenup pitfalls with legal help
A prenup only provides security in a high-asset divorce if you have it drafted and executed correctly. Without legal guidance, it is easy to fall into prenup pitfalls and end with a void agreement. An experienced California attorney can guide you through the process. They can review the document so it meets requirements and holds up in court should a divorce happen.
