How Can You Make Sure Your Prenup Will Hold Up in Court?


Pasadena family law attorneys agree that prenups are no longer exclusively the domain of the wealthy. Even couples of relatively modest means can benefit from a prenup, especially if one party owns a business or has children from a previous relationship.

When you create a prenup, both sides need to have their own legal representation. You can’t have the same attorney represent the both of you because your interests are bound to conflict. If you each have independent counsel, the agreement will be much more likely to hold up in a court of law.

Another reason that having legal representation is important is because an attorney who is experienced in creating prenups will explain what provisions can and can’t be included. For example, it is against California law to include provisions in a prenup that limit the amount of child support that would be paid for children born into the marriage. Parents are not legally allowed to negotiate away a child’s right to financial support.

Making sure that both parties have plenty of time to evaluate the prenup before signing is also important. You do not want to leave the task of signing the prenuptial agreement until the week before your wedding, since it would be possible for your spouse to later argue that he or she was coerced into signing it without proper review due to the need for the wedding to go on as scheduled.

Finally, you may want to consider having someone record the signing of the prenup. If you were to later divorce, video documentation of the signing of the prenup could be used to prove that the agreement was not entered into under duress. The presence of witnesses and/or a notary can also be used to ensure that the agreement will hold up in a court of law.

How Can We Help?

If you arein need of assistance creating a prenuptial agreement, please call our office at (626) 683-8113 or email us at Our Pasadena family law lawyers are eager to assist you in creating an agreement that will allow you to walk down the aisle with confidence.