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Do prenups always hold up in court?

Prenuptial agreements, if drawn up and executed correctly, are legally binding and are usually upheld in court.

Is a prenup valid if signed after marriage?

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.

Is marriage a legally binding contract?

Getting married is a big decision, and it isnt just about making a lifelong commitment to your partner: Marriage is a legal contract. When you get married, you not only accept rights and benefits, but you also take on legal and financial obligations.

What voids a prenup?

The signing party must have full knowledge of the other spouses property, assets and debts. If it is alleged that the party hid assets from the signing spouse at the time that the prenuptial agreement was created, or that the contract contains falsified financial information, this will void the agreement.

What makes a prenup invalid?

If the court examines a prenup and determines that the document itself seems suspect, or one of the parties presents evidence that the prenup was signed under threat or coercion, the court will deem it invalid. Additionally, both parties must have at least seven days to consider the terms of the prenup before signing.

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