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Prenuptial & Postnuptial Agreements

Sacramento Lawyers: Prenuptial Agreements

At the Louder Law Group, our family law attorneys do not draft prenuptial agreements or postnuptial agreements. However, if you have signed a prenup or postnup and now want to challenge its terms, we can be of assistance.

It isn't easy to fight a prenuptial agreement, but many of these documents are not well-drafted or are otherwise susceptible to failure.

How to Break a Prenup

Under California Family Law Code section 1615, a premarital agreement can be broken if you prove that you did not enter into the agreement voluntarily and that the agreement was "unconscionable" when it was executed.

The court may find the premarital agreement to be unconscionable and therefore unenforceable for a number of reasons, including:

  • Were you given a fair, reasonable and full disclosure of the property or financial obligations of the other party?
  • Did you voluntarily waive, in writing, your right to such a financial disclosure?
  • Was it somehow impossible for you to have had adequate knowledge of your spouse's assets and debts?
  • Were you advised of your right to be represented by an independent attorney at the time you signed the prenuptial agreement?
  • After being advised of your right to be represented by independent legal counsel, did you sign a document waiving this right?
  • Did you have adequate time to seek a legal opinion?
  • Were you fully informed of the terms of the agreement and the rights and obligations you were giving up by signing the document?

We will perform a careful analysis of your situation, including the potential costs and benefits of taking your case to court. Often the best approach is to negotiate or mediate a fair settlement agreement, while using the possibility of a trial as a negotiating tool. Our record of success at trial often encourages the opposition to settle these matters outside of court.

To arrange a free consultation about your prenuptial or postnuptial agreement, please contact the Louder Law Group in Sacramento today.