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What overrides a prenup?

If a will contradicts the terms of a prenup, the heirs may have grounds to legally contest the validity of the will, and the courts will determine which document is enforceable when the terms contradict each other. The terms of a prenup are still enforceable in the event one spouse dies.

Can you override a prenup?

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.

What can invalidate a prenup?

If one spouse lies, misrepresents a material fact, commits fraud or makes false promises in a premarital contract, this can void the document.

Can a prenup be voided by cheating?

Spousal abuse or cheating does not void or invalidate a prenuptial or partition agreement unless the agreement specifically states that. Most prenuptial or partition agreements do not mention abuse or cheating.

What makes a prenup unenforceable?

The agreement was procured by fraud a prenup is valid only if it is entered into after full disclosure by both parties as to their income, assets, and liabilities. If one spouse provides the other with information that is not accurate or truthful, the agreement is invalid.

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