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

Is your prenup flawed?

The worst time to discover that your prenuptial agreement is not going to hold up is when divorce is looming. You and your spouse may be angry, and you will certainly have no time or leverage to amend or re-work your contract. While this scenario may be difficult to imagine, it is likely one reason why you proposed signing a prenuptial agreement in the first place.

If you have already successfully taken the bold and delicate step of asking your spouse to sign a prenup, you want to be sure you did not take the risk in vain. You can do this by ensuring that the terms within your agreement will be enforceable in family court if the dissolution of your marriage occurs.

Airtight prenup

Arranging your separate property rights through a prenuptial agreement is a wise move, especially for any of the following reasons:

  • You or your spouse has considerably more wealth or debt.
  • You or your spouse owns a business.
  • You or your spouse has children from previous relationships.
  • You simply want to provide security for one another with loving intentions rather than through property division in the heat of divorce.

However, all those good intentions are wasted if the court refuses to enforce the contract because of any of these reasons:

  • There is evidence that one partner coerced the other into signing the agreement.
  • Either you or your partner did not read the contract in its entirety.
  • Each of you did not have individual legal counsel before signing the agreement.
  • One of you was not forthcoming about all your assets or debts.
  • The agreement has legal improprieties that make it invalid.

A common reason why a judge may deny the enforcement of a prenuptial agreement is because it contains provisions that the law forbids, such as those related to the support of children. Additionally, a prenuptial agreement will not hold up if the court determines it is unfairly slanted to benefit one of you considerably more than the other. For example, if one spouse retains the rights to all valuable joint assets and the other has no financial provisions.

Having separate attorneys to review the prenuptial contract prior to signing it can help ensure that the document represents and protects the best interests of each of you. This way, you can rest easy knowing that you have a solid plan in place, even if the best-case scenario is never having to use it.

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