Thomas Law OfficesCompassionate Guidance. Powerful Legal Advocacy.
Call Today For a Free Consultation
LA 818-538-8637 OC 949-342-8426
Practice Areas

Can I fight a prenuptial agreement?

While it might be considered unromantic, a prenuptial agreement can be a good decision for a California spouse-to-be who is concerned about protecting assets, whether they are personal or business ones. But what happens if, somewhere down the road, you decide the marriage is not working and you think the agreement is unfair? Can you fight it? Maybe.

According to FindLaw, any agreement or contract that is exceptionally unfair, leaving one party destitute while the other thrives, is one that courts typically will not enforce. These types of agreements are known as “unconscionable” contracts.

Both parties must have full knowledge of the other’s assets, income and liabilities. If either party fails to disclose or is untruthful about, items of this nature, the contract is not enforceable.

If your agreement is a verbal one only, it is invalid; only premarital agreements that are in writing can be enforced. How the document is executed is another point to consider. If you or your spouse do not sign it before the wedding, thinking you can attend to formalities later, think again. You both must sign it before exchanging vows.

Provisions of the document cannot be illegal and they cannot modify child support. These are illegal provisions, and while they do not necessarily invalidate the entire document, the provisions are void.  

Did your spouse, his or her family or lawyer try to pressure you into signing? Did you have the opportunity to read the agreement beforehand? If you were pressured or bullied into signing, or simply did not have the time to read it, these circumstances can invalidate it.

Along with having time to read it before signing, you must have time to fully consider the prenuptial agreement. Mull it over and if you have any questions, ask an attorney to clarify the language. If you are given the document just before the wedding ceremony, it might be invalid.

Even if you do understand the legalese, you should have the agreement reviewed by an expert first. Like the marriage certificate itself, a prenuptial agreement deserves your full consideration.

Although this information can give you some idea of what to look for, it is intended only for educational purposes, and should not be interpreted as legal advice.

No Comments

Leave a comment
Comment Information

Woodland Hills Office
21800 Oxnard Street
Suite 850
Woodland Hills, CA 91367

Toll Free: 818-538-8637
Phone: 949-342-8426
Map & Directions

Newport Beach Office
620 Newport Center Drive
Eleventh Floor
Newport Beach, CA 92660

Toll Free: 949-342-8426
Phone: 949-342-8426
Map & Directions

  • Best Attorney in the Valley!

    Kendra Thomas is one of the best attorneys I have ever worked with. Kendra and her team at Thomas Law Offices are compassionate and able to get to the heart of the matter. Not only can she quickly take in information, she can also think outside of the box to implement an effective game plan…. - Joseph, a Corporate client

  • Amazing Family Law Advocate!

    Kendra is a very thorough attorney. She paid great attention to detail. She is a pitbull in the courtroom and received compliments from the judge. We won a majority of our motions. I found her to be reasonable and understanding. I highly recommend her!- William, a Divorce client (5 star review)

  • One of the Best Advocates Around!

    I had a complicated case with a lot of assets. We had a business to divide and could not make heads or tails of it. My previous
    attorney messed up the case. However, when we found Thomas Law, the attorney was able to get to the bottom of how our assets should be divided.
    When Ms. Thomas presented the case, the judge realized that she knew her stuff. I had a very good experience with this firm.- Mae, a Family client (5 star review)

  • Competence! The Best Family Law Attorney Around!!

    When I first came to Kendra, was in a panic state. However, after meeting Kendra, I panic no more. I was in a case, where I was being worked “real good”, with an ex who is relentless with absolutely no morals. However, after being in the courtroom with Kendra, I do not believe that he will ever take me back to court. We got everything we wanted. Kendra knew what to ask and how to strategize the case. I would HIGHLY recommend Kendra to anyone involved in a high conflict divorce and/or child custody dispute.- Sharon, a Family client (5 star review)


    I am so grateful to have found Attorney Kendra Thomas to help me through a difficult divorce. She was amazing in getting me the justice I deserved. I have never heard of an attorney that returns calls promptly however Ms. Thomas and her assistant return calls in the same day. She is brilliant both in her intellect and strategy. I will continue to use her in ANY legal matter I am engaged in.- Mary, a Family client (5 star review)

How Can We Help You?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy