In modern times, more and more couples are turning to prenuptial agreements before marriage to help protect their assets from a potential future divorce. While for many, prenuptial agreements are useful, safe, and honest, this is not always the case. Sometimes, if an individual has a share in, or contributes to a family business, his or her parents will try to coerce that individual’s fiancé into signing a prenuptial agreement to protect their business or finances. If you believe that your fiancé’s parents are trying to force you to sign a prenuptial agreement, you are most likely wondering about your legal options going forward. Please continue reading and speak with our experienced Los Angeles divorce attorneys to learn more about these agreements and how our firm can help you. Here are some of the questions you may have:
What constitutes a valid and enforceable prenuptial agreement in the eyes of California law?
As with any legal document, a prenuptial agreement carries no weight if it is not recognized as valid and enforceable in the eyes of the law. For this very reason, you must ensure that your agreement meets various criteria, including the following:
- Both parties must sign the agreement upon valid consent
- Both parties must have the mental ability to provide valid consent
- The agreement must be in writing
- The agreement must be drafted before marriage
- The agreement may not include any language regarding child custody matters
- The agreement must be fair and just to both parties
- There must be no evidence of manipulation, fraud, coercion, or deceit in signing the document.
Can my future spouse’s parents force me to sign a prenuptial agreement?
If any evidence of fraud or manipulation is present regarding signing the agreement, it is considered an invalid prenuptial agreement. For this reason, your future spouse’s parents cannot, by law, force you to sign such an agreement. If, however, you were somehow pushed to sign such a document under any of the aforementioned circumstances, you may contest the agreement. If you believe that this has happened to you, or you have any additional questions concerning any divorce or family law matter, please do not hesitate to give our knowledgeable California divorce attorneys a call today. We are here to assist you.
Contact our experienced Los Angeles firm
Divorce and family law issues are notoriously complicated and personal, which is why you must hire an attorney with years of experience, as well as the compassion and skill needed to handle these sensitive matters. For the qualified, dedicated legal representation you and your family deserve and need, contact Zitser Family Law Group, APC today.