Prenuptial agreements, or “prenups,” cover various financial decisions in a marriage. It outlines who gets what property, who owes which debts and who receives financial support if the marriage ends by divorce. However, there are things a prenup cannot enforce:
Child custody and support
While adults can agree on how they will handle their money and property during and after marriage, they cannot make binding decisions about their future children. The law ensures that children get the best support and home life for them, regardless of what their parents agreed on before the marriage.
Unfair terms
An “unfair” term means that it is highly one-sided. During divorce proceedings, a judge will look at how things were when the couple signed it. Did both parties understand what they were getting into? Were they honest about what they owned? The court may refuse to enforce the unfair terms or the entire agreement if one did not receive full disclosure or have ample knowledge of the other’s financial situation.
Invalid terms and waivers
A court will not uphold a premarital agreement if it finds that one of them:
- Did not grasp the full meaning and consequences of the contract.
- Signed it under pressure, deceit, or manipulation.
- Did not have their own lawyer during the process and did not waive their right to have one.
Moreover, in California, each person must have at least seven uninterrupted days from when they first get the agreement to when they sign it. This ensures that they fully understand what they’re agreeing to and have the chance to get advice from a lawyer. If they do not follow this seven-day rule, the court will consider the agreement signed under pressure or without careful thought.
Not all contracts are valid
Signed agreements can make you feel you have no option but to follow the fine print. However, no contract is above the law. If you believe some of the terms in your prenup are unfair or signed under duress, you can challenge them in court.