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Posted on May 6, 2019 in Prenuptial Agreement

How do people beat a prenuptial agreement?

There are several ways a party can argue a Prenup should fail. California Family Code Section 1615 is titled, Unenforceable Agreements; Unconscionability; Voluntariness. This code section sets out the primary ways a premarital agreement may be set aside.

Look first to see if they were not provided sufficient or accurate financial information. California wants to ensure that when parties enter into agreements related to finances and property, they do so with full knowledge of the facts. Without a proper financial disclosure, a party is unable to fully understand what they may be doing.

It is important for both parties to provide contemporary information for all of their assets and obligations, including all financial accounts and property located in and outside of the United States. In addition, parties shall disclose their current income. A helpful starting point is to complete a Schedule of Assets and Debts (Family Law Form FL-142) and an Income and Expense Declaration (Family Law Form FL-150).

If you have questions about financial disclosures for your premarital agreement or your Family Law case in general, contact Scott & Matteson by calling (858) 974-4900.