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The Drawbacks of a Prenup: Despite their practical benefits, prenuptial agreements can be perceived negatively. Some view them as unromantic or as a sign of mistrust between partners, potentially causing emotional strain or conflict within the relationship.

Full Financial Disclosure Failure to provide accurate and complete disclosure can render the agreement invalid. Therefore, couples must gather all financial documents, including bank statements, tax returns, investment accounts, and property deeds, before drafting a prenup.

Duress or Manipulation All contracts must be signed willingly and consciously by both parties for them to be valid. Signing a prenuptial agreement while being intoxicated, under fear of harm, or under false pretenses can make the agreement invalid in a California court.

(1) Parties to a premarital agreement may contract with respect to: (a) the rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located; (b) the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a ...

Note that prenuptial agreements must be written, signed after a mandatory seven-day waiting period, and notarized. California courts will not enforce a verbal prenup. In addition, the parties must disclose each and every asset and debt.

You could add anything you like to a prenuptial agreement, but the question is whether such a provision would be enforceable in any future proceedings. For example, one fault ground is cruelty.

A prenup can't include personal preferences. This might include provisions such as who has what chores, where to spend the holidays, whose name to use, details about child-rearing, or what relationship to have with certain relatives. Prenuptial agreements are designed to address financially-based issues.

As long as you and your spouse agree, your prenuptial agreement can be changed. To create an amendment to a prenup, you can either add to the original contract or sign a separate contract that modifies the terms of the initial agreement.

In general, federal and state law restricts prenups to financial issues and marital responsibilities. More personal, routine matters, such as household chores or beliefs about how to raise children, have no place in a prenup and may make it unenforceable.