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How enforceable are postnuptial agreements?

California courts do enforce postnups, but they dont treat them like any other contract. Unlike prenups, which are signed before marriage, postnups are created between spouses who already have legal obligations to each other. That means courts examine them more closely to ensure fairness and transparency.

How do you invalidate a postnuptial agreement?

What Voids a Postnuptial Agreement? Lack of Full Disclosure. For a postnuptial agreement to be legally sound, both spouses need to be upfront about their financial situations. Coercion or Duress. Absence of Independent Legal Counsel. Unconscionable Terms. Changes in Circumstances.

Do post nups hold up in court?

However, if the agreement is fair in its terms, abides by local laws, and both spouses entered into it voluntarily, the court will usually uphold a postnuptial agreement.

Can a postnuptial agreement be voided?

Any concealment, deception, or fraud will likely result in the postnuptial agreement being invalidated in court. Family law courts must also believe that the agreement is fair. If a judge believes that the postnup is significantly biased or unfair to one spouse, the document may not stand up in court.