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In California, a prenuptial agreement can be voided depending on several factors, including improper timing, coercion, and mishandled procedures.

Though uncommon, infidelity clauses are not unheard of, they are often requested by a prospective spouse who loves her partner (future wives ask for these more than husbands), but who knows of or suspects a history of cheating, or who has been the victim of a cheating spouse.

Spousal abuse or cheating does not void or invalidate a prenuptial or partition agreement unless the agreement specifically states that. Most prenuptial or partition agreements do not mention abuse or cheating.

Issues that cannot be included in a prenuptial agreement are: Child custody including visitation, religious upbringing, and schooling. Child support. Personal matters.

If you incorporate an infidelity clause in a prenup, it doesn't necessarily mean you don't trust the person you're marrying. It does, however, provide a way for you to protect your financial interests if an extramarital affair prompts you to divorce.

Postnups also have some potential problems as well. For one, because of the greater presumption that partners to a marriage are less able to make independent decisions and are more subject to coercion, a postnup may be even less enforceable than the typical prenup.

The best way to protect assets is not a prenuptial agreement, but via an irrevocable trust. This helps to keep the assets outside your marital estate and is more difficult to contest in court.

This is because in California, infidelity clauses are unenforceable. California is a no-fault divorce state, which means either person can get a divorce for no reason.Infidelity Clauses are Unenforceable in Divorce Court.

What Makes a Prenup Unenforceable in California?One party claims to have signed the agreement under duress.One party hid assets from the other at the time the agreement was made.The original contract contains falsified information, invalid provisions, or unfair terms.

Sunset Clause Defined It establishes, within the contract itself, a time at which the contract will no longer be valid. When one type of sunset clause is included in a prenup, it uses language that says the prenup will be invalid after the couple has been married for a certain number of years.