A prenuptial agreement is a way to secure a California residents' financial stability from the impact of a divorce. By signing a prenuptial agreement before marriage, the legal document can establish and protect rights of each spouse. It may also protect the family-owned business from being divided upon a divorce and even secure the financial assets and inheritance of one party. However, there are cases where a court can invalidate a prenuptial agreement.
The advantage of a having a prenuptial agreement in California is certainly evident, considering celebrity divorce and high-profile couples. But just like any other agreement, a prenuptial agreement can be considered null and void. One of the factors that affect the validity of a prenuptial agreement is if no written agreement was made. A prenuptial agreement must be in writing, which includes the agreement both spouses signed, the conditions and any provisions. If one party fails to read the whole legal document or even provide complete information, a prenuptial agreement is not enforceable.