Pre-Marital Agreements Lawyer Sunnyvale

A pre-marital agreement can help protect your financial future and set clear expectations before marriage. The Law Office of Peter Tuann assists individuals and couples in Sunnyvale with drafting and reviewing prenuptial agreements tailored to their specific needs. If you want to safeguard your assets and establish a fair agreement, contact us at (669) 758-4171 for a free consultation with a trusted pre-marital agreement lawyer.

What to Do If Your Pre-Marital Agreement Is Contested

A pre-marital agreement, also known as a prenuptial agreement, is designed to outline how property and assets will be divided if a marriage ends. It can also address matters such as spousal support, inheritance, and other financial matters. For many couples, a prenuptial agreement provides peace of mind and clarity in case of divorce. However, there are instances when a pre-marital agreement is contested, which can complicate matters significantly.

In California, as with other states, a contested pre-marital agreement is not automatically invalid. However, it can be challenged in court for a variety of reasons. If you find yourself in a situation where your pre-marital agreement is being contested, understanding the process, possible outcomes, and how to defend your agreement is critical.

Reasons a Pre-Marital Agreement Can Be Contested

A pre-marital agreement can be contested on several grounds. These are the most common reasons that a court may find an agreement invalid or unenforceable:

• Lack of Voluntary Consent A pre-marital agreement must be entered into voluntarily by both parties. If one party can prove that they were coerced, pressured, or forced into signing the agreement, it could be contested. This might happen if one spouse had more bargaining power or used manipulative tactics to get the other spouse to sign under duress.
• Unconscionability In California, a prenuptial agreement may be deemed unenforceable if it is found to be unconscionable. This means that the agreement is so one-sided that it shocks the conscience. For example, if one party was left with little or nothing while the other party stands to gain a substantial amount, the court may rule the agreement invalid.
• Failure to Disclose Assets A valid prenuptial agreement requires full and fair disclosure of each party’s assets and liabilities. If one spouse hides assets or provides false information, the agreement may be contested. Transparency in financial matters is crucial to ensure the agreement is upheld in the event of a divorce.
• Improper Legal Procedures Prenuptial agreements must follow certain legal formalities to be enforceable. For example, both parties must have had independent legal counsel before signing the agreement. If this requirement is not met, or if the agreement was signed under unfair circumstances (such as a lack of legal advice), the agreement may be contested.
• Changes in Circumstances A pre-marital agreement may also be challenged if the circumstances surrounding the marriage have drastically changed. For example, if one spouse’s financial situation improves significantly, the agreement may be contested on the grounds that it no longer reflects the current reality of the marriage.
• Unfair Terms If the terms of the prenuptial agreement are deemed unreasonable at the time of divorce, it may be contested. Unfair terms, especially regarding spousal support, property division, or other matters, could lead to a challenge. Courts look for a fair balance in these agreements to ensure both parties are protected.

The Process of Contesting a Pre-Marital Agreement

If a pre-marital agreement is contested, the process typically involves legal proceedings in family court. The party contesting the agreement will need to present evidence to support their claims. These can include documents, witness testimony, and financial records.

• Filing a Legal Challenge The process begins when one spouse files a legal challenge to the pre-marital agreement. They must state their grounds for contesting the agreement in their petition to the court. Common claims include coercion, lack of full disclosure, or unconscionability.
• Discovery and Evidence Gathering After the challenge is filed, both parties will enter a phase called discovery, where they exchange information relevant to the case. This might include financial records, communications between the spouses, and any evidence that supports or contradicts the validity of the agreement. Discovery is essential for building a case and uncovering any discrepancies.
• Negotiation and Settlement In some cases, both parties may attempt to reach a settlement outside of court. If the contesting party can show that the agreement is unfair or improperly executed, the couple may choose to renegotiate the terms of the agreement rather than face a lengthy court battle. A family lawyer will help you negotiate and protect your interests during this process.
• Court Hearing If an agreement cannot be reached, the case will go to court. A judge will hear the arguments from both sides and make a decision on the validity of the pre-marital agreement. The judge will review the evidence and consider the legal requirements, such as full disclosure and fairness, before making a ruling.
• Ruling The court’s decision will determine whether the pre-marital agreement stands, is modified, or is deemed unenforceable. If the agreement is upheld, the terms outlined in the prenuptial agreement will apply during the divorce. If the agreement is invalidated, the couple will divide assets and liabilities according to California’s community property laws or any other applicable legal standards.

How to Defend a Pre-Marital Agreement

If your pre-marital agreement is being contested, there are several steps you can take to defend it and ensure that it holds up in court.

• Ensure Full Disclosure One of the most important factors in defending a prenuptial agreement is proving that there was full disclosure of assets and liabilities at the time the agreement was made. If you are able to demonstrate that both parties were honest and transparent about their financial situations, the court may be more likely to uphold the agreement.
• Prove Voluntary Consent If the contesting party claims that they were coerced or pressured into signing the agreement, you will need to show that the agreement was signed voluntarily. This may involve presenting evidence of the discussions leading up to the agreement, showing that both parties had time to consider it and had the opportunity to seek independent legal counsel.
• Highlight Fairness If the agreement is being contested on the grounds of unconscionability or unfairness, you should be prepared to demonstrate that the terms of the agreement were reasonable and fair to both parties at the time it was created. This may include showing that the agreement was not excessively one-sided or that it provided both spouses with a reasonable outcome.
• Consult with an Experienced Family Lawyer Contesting a pre-marital agreement is a complex legal matter, and having an experienced family lawyer is essential for mounting a successful defense. A skilled lawyer will help you gather the necessary evidence, represent you in court, and ensure that your interests are protected throughout the process.

The Impact of Contesting

If a pre-marital agreement is contested and successfully invalidated, the court will typically apply California’s community property laws to divide assets and liabilities. This means that property and debts acquired during the marriage are divided equally between both spouses, regardless of who earned or spent the money. In some cases, the court may also grant spousal support based on factors such as the length of the marriage and the financial needs of both parties.

A pre-marital agreement can be an essential tool in protecting assets and establishing financial clarity before marriage. However, if your prenuptial agreement is contested, it can lead to a complex and lengthy legal process. Understanding the reasons why an agreement may be contested and how to defend it is crucial.

Get in Touch with a Sunnyvale Pre-Marital Agreements Attorney

A pre-marital agreement can offer peace of mind before entering into marriage, and the Law  If you’re facing a contested pre-marital agreement, consulting with a skilled family lawyer in Sunnyvale can help you navigate the process and protect your rights. With the right legal support, you can work toward a resolution that upholds the terms of your prenuptial agreement or reach a fair compromise. The Law Office of Peter Tuann is here to ensure your interests are protected. Our attorneys will help you navigate the process and draft an agreement that is fair and legally sound. Call us today at (669) 758-4171 to schedule a consultation and take control of your future.