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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.
Failing to disclose information, such as major assets can result in the agreement being overturned. You cannot also provide fraudulent information or make false promises. An individual who signed a prenuptial agreement under duress or coercion has legal grounds to ask for the court to invalidate the agreement.
Generally, the answer is that there is no expiration date. Youll need to show the prenup is invalid for reasons other than the length of the marriage. Youll need an experienced family lawyer who aggressively fights to protect your marital property interests and fights for alimony, child custody, and child support.
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.
After the date of your marriage, you can make new agreements, though not by amending your prenuptial (premarital) agreement. New agreements would be in the legal document known as a post-marital (post-nuptial) agreement.
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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.
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.
As long as you and your spouse agree, your prenuptial agreement can be changed. To create an amendment to a prenup, you can either add to the original contract or sign a separate contract that modifies the terms of the initial agreement. This is true for revoking also.
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.
Do Prenups Expire? Prenups do not expire unless you have a specific clause in your prenuptial agreement stating an expiration date. Your prenup will remain valid for as long as you are married, unless both parties consent to an amendment or revocation.

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