Can you dissolve a prenup after marriage?
Yes, it is possible to terminate or cancel a prenuptial agreement in California. Some couples may wish to terminate their prenuptial agreements because they believe they no longer need this type of financial protection.
In California, a prenuptial agreement can be voided depending on several factors, including improper timing, coercion, and mishandled procedures. Each state has its legalities regarding prenuptial agreements. California follows Family Code 1615, which governs the handling and enforceability of prenups.
If one spouse lies, misrepresents a material fact, commits fraud or makes false promises in a premarital contract, this can void the document.
Coercion at Signing
The same care should be given to a prenuptial agreement. If one spouse did not have time to fully read the document or was pressured to sign, the agreement may be held to be unconscionable and unenforceable by a Judge.
In general, the California courts assume a prenuptial agreement is valid upon the date it is signed. The courts will assume a postnuptial agreement is invalid, however, until they decide otherwise. You and your spouse will need the courts to approve your postnuptial agreement for it to become valid.
Spousal abuse or cheating does not void or invalidate a prenuptial or partition agreement unless the agreement specifically states that. Most prenuptial or partition agreements do not mention abuse or cheating.
Overturning a Prenuptial Agreement
You could also sign a new agreement after suspending the original. Additionally, in some cases, a judge may overturn a prenuptial agreement in the event of unforeseen circumstances where one spouse's health has changed significantly since the original agreement was created.
Do Prenups Expire? Prenups do not expire unless you have a specific clause in your prenuptial agreement stating an expiration date. Your prenup will remain valid for as long as you are married, unless both parties consent to an amendment or revocation.
Omitting an asset, even if just by accident, can void the entire agreement. The prenup loophole is that, should the agreement come into a court setting, the only thing one side has to do is find a legitimate asset that was excluded when the agreement was executed. As the law goes, ignorance is no excuse.
Admittedly prenups are not perfect and don't account for the passage of time, adding they are invalidated by the court a little less than 50 percent of the time.
On what grounds would the premarital agreement be considered unenforceable?
Prenups are not enforceable if they are found to be “unconscionable” or in extreme favor of one spouse over the other. For example, an agreement that forced one spouse to take all of the marital debt while the other takes no debt may be considered unconscionable.
An infidelity clause in a prenuptial agreement states that if one party is proved to have been involved in an extramarital affair, the aggrieved spouse will receive a financial award from the cheating spouse.
A Prenup Agreement spells out which assets a spouse may want to give to children or other family members in the event of death. Finally, in the event of a divorce, it eliminates battles over assets and finances.
Voluntary – Both parties to a postnuptial agreement must have signed the agreement voluntarily and intentionally. Any indication that one spouse coerced or threatened the other into signing will make a postnuptial agreement null and void.
Postnuptial agreements have become common in recent years, and they are honored and enforceable in most U.S. states. 1 Most postnups are mostly about money and protecting assets in the case of a divorce, and postnups may be written when a couple is in crisis or concerned about the state of their union.
Prenuptial agreements help determine the division of martial assets during divorce proceedings. If both parties still agree to honor the prenuptial agreement during divorce, it will help make the proceedings go by much faster and smoother, as the judge will already see how assets will be distributed or protected.