Focused, Dedicated, Determined since 1986

What makes a premarital agreement unenforceable

A prenuptial agreement can serve as a great tool for mitigating common divorce issues, such as the division of property and alimony. Unfortunately, in our experience, there are flaws in the vast majority of California premarital agreements. Such flaws often render those agreements invalid. Our legal team at Dianne Drew Butler & Associates, Inc., often reviews prenuptial agreements with clients to ensure the documents are valid.

According to section 1615 of the California Family Code, there are two main reasons for which a court may render your premarital agreement invalid. The first is if you did not enter the agreement voluntarily, such as if your spouse pressured you into the agreement even though you were not comfortable with signing it. The second is if the agreement is in any way unconscionable, meaning that it did not provide a fair, judicious and complete disclosure of your spouse‚Äôs property and/or the financial obligations of both of you. If you can prove that one of these two factors is true, the judge may render the contract void.

Your spouse may counteract claims of invalidity by claiming that both of you had legal representation at the time of signing the contract, or that you waived your right to legal counsel entirely. However, if you chose to waive your right to counsel, your spouse must provide proof that you had seven calendar days to fully review the agreement, and that you fully understood the terms and implications of the agreement.

For more information about protecting property rights through a prenuptial agreement, visit our webpage.




No Comments

Leave a comment
Comment Information
  • badge-bv
  • badge-sboc
  • badge-avvo
  • badge-rate

Each time I met with Dianne she was concerned for my well being, and was sincerely empathetic about my situation. She made a horrible chapter in my life bearable.

Contact Dianne Drew Butler & Associates

We offer a confidential consultation to all our new clients. To set up a meeting with experienced lawyers, contact us by email or call our office at 209-390-8829.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us Today

Dianne Drew Butler & Associates, Inc.
3031 West March Lane
Suite 224
Stockton, CA 95219

Phone: 209-390-8829
Stockton Law Office Map