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

In California, a prenuptial agreement can be voided depending on several factors, including improper timing, coercion, and mishandled procedures. Each state has its legalities regarding prenuptial agreements. California follows Family Code 1615, which governs the handling and enforceability of prenups.

As time goes by, a couple's financial situation may change, and it may become necessary to update the prenup. This could be due to changes in their assets and debts, changes in their future plans, or changes in the laws that govern prenuptial agreements.

A prenuptial agreement may be found invalid for the following reasons: It includes provisions for child support and custody of unborn children.

Big picture, a prenup may be considered unconscionable based on purely one-sided provisions, unethical demands, or illegal mandates. For example, if a provision in the prenup required one party to do a handstand every Monday for one hour per session for a year after the divorce or face a fine.

As long as you and your spouse agree, your prenuptial agreement can be changed. To create an amendment to a prenup, you can either add to the original contract or sign a separate contract that modifies the terms of the initial agreement. This is true for revoking also.

A marriage is a union that joins two people together, not a business agreement. Unreasonable prenups that seek to award almost everything to one spouse and next to nothing to the other will likely not be upheld by the Court. Prenuptial agreements should represent the best interest of both spouses to be considered fair.

A prenup can't include personal preferences. This might include provisions such as who has what chores, where to spend the holidays, whose name to use, details about child-rearing, or what relationship to have with certain relatives. Prenuptial agreements are designed to address financially-based issues.

Can you renegotiate? Absolutely. Prenuptial agreements aren't necessarily set in stone, and many wealthy couples find themselves back at the negotiating table after changes in their lives make the old prenup seem outdated.

For anyone considering a prenup, the good news is that a prenup written in the state of California will not expire. In fact, regardless of the state that a prenup is written in, the document does not expire.