What Constitutes a Valid Prenuptial Agreement?

Attorneys at our Los Angeles firm, Stolar & Associates, have, on behalf of clients, successfully defended prenuptial contracts that were challenged as invalid, repaired defective premarital agreements drafted by inexperienced lawyers, and had premarital agreements declared invalid. We know what the courts in Los Angeles County and the surrounding area look for in a premarital agreement, and the problems that arise when a contract is poorly drafted. If you would like to have an existing prenuptial agreement reviewed or would like to speak with one of our lawyers about drafting a premarital agreement please contact our Beverly Hills office to arrange a free consultation.

The court may declare a prenuptial agreement invalid because:

• The prenuptial agreement was signed shortly before the wedding.
• Only one spouse was represented by a lawyer when the couple entered into the antenuptial contract, or there is evidence one spouse did not fully understand the terms of the agreement.
• The disclosure of assets in the premarital contract was not complete.
• There is evidence of fraud.
• There is evidence that one spouse signed the prenup under emotional pressure (duress).
• The agreement is "unconscionable" (extremely unfair), allowing one spouse to benefit while the other faces severe hardship as a result of the prenuptial agreement.

The court may also ignore a specific term while enforcing the rest of the premarital agreement. Our Los Angeles attorneys feel that negotiating and drafting a prenuptial or domestic partnership agreement allows a couple to lay the groundwork for a strong family. However it is extremely important that you work with a prenuptial agreement lawyer with the appropriate experience when doing so—consider the pitfalls of do-it-yourself prenups.

Our attorneys are prepared to handle disputes and contests regarding marital agreements, and repair defective prenups. However, we would much rather see clients before problems arise and provide them with the protection they expect. If you would like to discuss a prenuptial agreement, a lawyer from our Beverly Hills office would be happy to provide a free consultation. Call 310-288-1828 or e-mail our L.A. firm. We represent clients throughout Los Angeles County and Ventura, San Bernardino, Riverside, and Orange counties.