Prenuptial agreements are designed to protect assets, provide financial clarity, and minimize disputes in the event of a divorce. However, not all prenups hold up in court. Many people believe that once they sign a prenuptial agreement, their assets are secured. But what happens if the agreement is ruled invalid?
“Probably the most common mistake in terms of causing prenuptial agreements not to be enforceable boils down to three things.”
Mistake #1: Unclear or Invalid Spousal Support Terms
One of the biggest risks in prenuptial agreements is the inclusion of spousal support termination clauses. While California law allows couples to establish financial arrangements, the law remains unclear on whether spousal support can be waived outright. “The law is unclear on whether or not you can terminate spouse support during marriage and under what conditions,” states Sven Buncher, Orange County Divorce Attorney.
If the agreement includes unreasonable spousal support waivers, the court may find them unenforceable, leaving the entire agreement at risk. To protect the validity of your prenup, consult an attorney to ensure compliance with California law.
Mistake #2: Failing to Include a Severability Clause
Even if one part of a prenuptial agreement is deemed unenforceable, the rest of the agreement can still stand—but only if a severability clause is included. Mr. Buncher continued, “It’s important that you have a severance clause in the premarital agreement that says that even if this portion of the premarital agreement becomes invalidated, the rest is enforceable.”
Without a severability clause, the entire agreement may be thrown out instead of only the questionable portions.
Mistake #3: Unfair or One-Sided Agreements
Prenups that are overwhelmingly one-sided or grossly unfair are at high risk of being invalidated. California courts prioritize fairness, and if a judge believes one party was pressured or deceived into signing an unreasonable agreement, they can rule it unenforceable. Sven Buncher explains, “The next issue is whether or not the premarital agreement is so clearly one-sided and unfair that it’s going to expose it to more risk of being invalidated.”
For a prenup to hold up, both parties should receive full disclosure, independent legal counsel, and fair terms.
Questions to Ask Your Attorney
Before finalizing a prenuptial agreement, it’s essential to review its enforceability with a legal professional. Ask your attorney:
- Does my agreement comply with California law on spousal support?
- Do I need a severability clause to protect the rest of the agreement?
- Is my prenup fair and balanced to avoid being invalidated?
- Are all financial disclosures complete and accurate?
Protecting Your Future with a Certified Family Law Specialist
A well-drafted prenuptial agreement can provide financial security and peace of mind—but only if it is legally sound. At Buncher Law Corporation, we help clients create enforceable prenuptial agreements that stand up in court.
If you’re considering a prenup, or have concerns about the validity of your existing agreement, contact us today to ensure your financial future is protected. At Buncher Law Corporation, we specialize in complex divorce cases involving high-value assets. If you’re facing divorce and need to protect your financial interests, schedule a strategy session today.
