Pre & Post Nuptial Agreements

A prenuptial or premarital agreement allows parties to alter many of the rules that will apply if they elect to divorce in the future. These agreements, if held to be valid, essentially replace community property laws that are addressed in the agreement. If the parties do not agree as to the validity of an agreement, the divorce court will determine the validity. Trials on these issues can be extensive and may involve issues including unconscionably, the nature of the relationship between the parties when the agreement was executed, undue influence, voluntariness, lack of accurate disclosures, compliance with family code requirements relative to the execution of the premarital agreement and issues of contractual interpretation.