A prenuptial agreement, often referred to as a prenup, can help you simplify what could otherwise be an extremely complicated divorce. The agreement will generally outline what property and financial matters will be decided upon divorce.
As this video explains, the key to a prenuptial agreement is whether or not it is enforceable. Each state has its own laws that govern the validity of prenuptial agreements. For example, California requires that an agreement be completed in writing and signed by both parties. If an agreement is obtained through fraud, duress, or nondisclosure of material facts, or if it is unconscionable, a court may disregard the agreement.
It is important to understand that an agreement is not necessarily set in stone and that your prenup may be subject to the review and interpretation of a judge. To speak with a family lawyer in San Jose, call Moreno Family Law at (408) 266-9011.