Top Reasons California Prenups Get Thrown Out in Court
A prenuptial agreement can give couples peace of mind, but in California, not every prenup survives court scrutiny. Judges regularly strike down agreements that fail to meet the state's strict requirements.
If you're considering a prenup, it's important to understand why some are invalidated, and how to avoid these costly mistakes.
1. Not Following the 7-Day Rule
California law requires at least seven calendar days between the time a spouse is first presented with the final agreement and when they sign it. This rule exists to prevent last-minute pressure. If you rush and sign too close to your wedding, the agreement may not hold up. Learn more about California's 7-Day Rule for Prenups
2. No Independent Legal Counsel
Courts heavily favor prenups where both spouses had separate attorneys. If one party didn't have legal representation, or if the same attorney advised both spouses, the prenup is at greater risk of being thrown out.
3. Incomplete Financial Disclosure
Both parties must provide a full and honest disclosure of their assets, debts, and income before signing. If one spouse later claims they didn't know the other's true financial situation, the agreement can be invalidated. Read what happens if you don't disclose everything
4. Coercion or Duress
If one spouse can show they were pressured, misled, or signed under emotional stress, the court may determine that the agreement was not voluntary. Examples include presenting the prenup right before the wedding or making signing a condition of proceeding with the ceremony.
5. Unconscionable Terms
Even if a prenup meets all procedural requirements, courts will not enforce provisions that are grossly unfair. For example, a spousal support waiver that leaves one spouse destitute could be deemed unconscionable and unenforceable.
6. Poor Drafting or DIY Forms
Template prenups or DIY agreements often miss critical clauses or fail to comply with California Family Code. Without careful legal drafting, even well-intentioned prenups may collapse under court review. Find out why online templates and DIY prenups usually don't work in California
The Bottom Line
California courts demand strict compliance when it comes to prenups. The most common reasons for invalidation—rushing, skipping attorneys, hiding assets, or including unfair terms—are all avoidable with proper planning and legal guidance.
📞 Considering a prenup? Protect your future by working with an attorney who understands California's unique requirements. Contact our office today for a consultation.
Want to see the full picture? Read our Complete Guide to California Prenups and Postnups
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