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Community Property • Altering Character of Assets by Agreement
CPROP#034
Legal Definition
There are two defenses to enforcement of a prenuptial agreement: (1) it was not signed voluntarily, or (2) the agreement is unconscionable.
Plain English Explanation
People entering marriage often sign prenups to define financial obligations if the marriage ends. However, sometimes one person feels pressured into an unfair deal. The law provides protections here - if you didn't sign it voluntarily or the terms are just blatantly one-sided, you can fight the prenup in court. This makes sense because marriage is built on mutual trust and respect. If that trust was violated from the start or the terms show no respect for one spouse, the prenup should not be enforceable.
Hypothetical
Hypo 1: Bob and Amy are on 90 Day Fiancé. Amy is from the United States and is wealthy. Bob lives in poverty in a foreign country that is currently experiencing a civil war. Amy insists that Bob sign a prenuptial agreement. Bob cannot read English and does not have money to afford a lawyer to help him review the agreement. Amy tells Bob he needs to decide by the end of the day to sign it or she will leave him to fend for himself. Bob signs the agreement, mostly out of fear for his life as he hopes to escape the war by marrying Amy. Result: The agreement could be challenged because Bob did not sign it voluntarily. He felt coerced, which is against the essence of a fair agreement.
Hypo 2: Before marrying, Bob and Amy sign a prenuptial agreement. The agreement states that if they ever divorce, Amy would get nothing, despite contributing to Bob's business during their marriage. Result: This agreement could be seen as unconscionable because it's extremely unfair to Amy. It doesn't consider her contributions and leaves her with nothing, which goes against the principles of fairness in such agreements.
Hypo 3: Bob and Amy have a prenuptial agreement that they both signed happily. Years later, during a divorce, Bob tries to claim that he was forced to sign it. Result: If evidence shows that Bob signed willingly and understood what he was signing, his defense would likely fail. Voluntariness is key, and proving otherwise requires solid evidence.
Hypo 4: Bob and Amy's prenuptial agreement includes a clause that in the event of a divorce, Bob keeps his business, but Amy receives a fair share of their joint property. Amy later claims the agreement is unconscionable. Result: Since the agreement seems fair and doesn't heavily favor one party over the other, Amy's claim of it being unconscionable might not hold up in court.
Hypo 5: Bob and Amy sign a prenuptial agreement that includes standard terms about property division. Later, Amy tries to argue that she didn't understand what she was signing. Result: This defense might not apply if it's clear that Amy signed voluntarily and had every opportunity to understand the agreement, showing that the issue isn't with the agreement's fairness or voluntariness.
Hypo 2: Before marrying, Bob and Amy sign a prenuptial agreement. The agreement states that if they ever divorce, Amy would get nothing, despite contributing to Bob's business during their marriage. Result: This agreement could be seen as unconscionable because it's extremely unfair to Amy. It doesn't consider her contributions and leaves her with nothing, which goes against the principles of fairness in such agreements.
Hypo 3: Bob and Amy have a prenuptial agreement that they both signed happily. Years later, during a divorce, Bob tries to claim that he was forced to sign it. Result: If evidence shows that Bob signed willingly and understood what he was signing, his defense would likely fail. Voluntariness is key, and proving otherwise requires solid evidence.
Hypo 4: Bob and Amy's prenuptial agreement includes a clause that in the event of a divorce, Bob keeps his business, but Amy receives a fair share of their joint property. Amy later claims the agreement is unconscionable. Result: Since the agreement seems fair and doesn't heavily favor one party over the other, Amy's claim of it being unconscionable might not hold up in court.
Hypo 5: Bob and Amy sign a prenuptial agreement that includes standard terms about property division. Later, Amy tries to argue that she didn't understand what she was signing. Result: This defense might not apply if it's clear that Amy signed voluntarily and had every opportunity to understand the agreement, showing that the issue isn't with the agreement's fairness or voluntariness.
Visual Aids
Related Concepts
Are California spouses bound by community property rules against their will?
Can parties agree to limit child support in a prenuptial agreement?
What are the requirements for a prenuptial agreement to be deemed signed voluntarily?
What are the requirements for a proper prenuptial agreement, and what are the exceptions?
What are the two main types of unconscionability claims and who decides on them?
What happens to terms within a prenuptial agreement that are deemed to promote divorce?
