Prenuptial agreements often carry significant emotional weight, but they serve a critical legal function in the event of a California divorce. If valid, these agreements outline how property, income, and debt should be divided and can significantly impact a case’s financial outcome. While some firms focus on drafting these agreements, the Fernandez Law Group does not create pre or postnuptial agreements—instead, our role is clear: our Los Angeles family law attorneys enforce them.
When divorce is considered, these agreements must be treated as contracts that protect our clients’ futures.
California Prenups Are Contracts—And Contracts Deserve Enforcement
In California, a prenuptial agreement is treated like any other contract. It can override specific default rules under California’s community property laws and clarify each party’s financial rights and responsibilities when drafted and executed correctly. A prenuptial agreement (prenup) aims to reduce uncertainty and avoid prolonged litigation—but only if properly enforced.
At Fernandez Law Group, our Los Angeles family law attorneys understand the profound financial implications of these agreements. We take a strategic, contract-focused approach to upholding or challenging the enforceability of prenuptial agreements, based on legal principles rather than emotions.
Common Challenges to Prenup Enforceability
Just because a prenup exists doesn’t mean it will automatically be upheld in court. California law requires that a prenuptial agreement meet the strict legal standards outlined in the Uniform Premarital Agreement Act (UPAA).
A spouse may attempt to invalidate a prenup on several grounds, such as:
- The agreement was signed under duress or coercion.
- One party did not have independent legal counsel.
- The terms are grossly unfair or unconscionable.
- There was insufficient financial disclosure at the time of signing.
- The agreement was not executed at least seven days before the wedding.
If any of these apply, the court may find the agreement unenforceable. Our role is to ensure that the contract is examined through a legal—not emotional—lens.
Why Enforcement Is Crucial to Our Clients
Prenuptial agreements often involve high-value assets, such as real estate and business interests, as well as spousal support waivers. If a prenup is improperly enforced—or disregarded entirely—it can drastically change the financial trajectory of one or both parties.
For our clients, that can mean preserving what they built before marriage, or upholding the agreement they entered into in good faith.
We enforce prenups because doing so protects our clients’ legal rights, restores predictability, and respects the agreement’s binding nature. If an opposing party seeks to invalidate a prenup for strategic reasons, we are prepared to defend the contract in court with the skill and attention it demands.
Work With Certified Family Law Specialists Who Know the Stakes
At Fernandez Law Group, we don’t draft prenups—we enforce them. Our Los Angeles County Certified Family Law Specialists focus on ensuring that valid agreements are upheld, especially in high-stakes divorces involving significant assets or long-term financial arrangements.
If your future depends on the terms of a prenuptial or postnuptial agreement, contact Fernandez Law Group at (310)-564-9163 or online today to schedule a consultation and protect what was contractually agreed to.