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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.
A prenuptial agreement in California can always be changed, as long as both spouses sign off on the modification. If something changes, such as your marital property or number of children, and you wish to update your prenup with the most recent information, you and your spouse must both agree to make the change.
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.
Amending or Releasing Your Prenuptial Agreement If you and your spouse decide that you no longer want your prenuptial agreement, you can cancel it by using a Release of Marital Agreement. You and your spouse must both sign the document and it must be docHubd by a public notary for the cancellation to be valid.
Contact a Prenuptial Agreement Attorney A prenuptial agreement can be voided in California for many reasons. This is why you should work with an attorney to create your document, to avoid mistakes that could make it unenforceable.
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The most common grounds to dissolve a prenuptial agreement include coercion or duress, unconscionability, and failure to disclose. The courts will generally enforce prenuptial agreements; however, when one or more of these grounds exist, the court may see fit to void all or parts of 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.
But a prenup isnt an end-all, be-all. If a couple with a prenuptial agreement does decide to divorce, there are certain situations where the agreement falls short and the prenups do not hold up in court.
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.
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.

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