Issue: What could render a prenuptial agreement invalid?
Rule: According to the California Family Code, section 1610 "'Premarital agreement' means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage" (n.d.). An agreement entered into before marriage goes by the name of premarital, prenuptial or antenuptial agreement. When an agreement is signed after executing marriage, it goes by the name or postnuptial agreement. Code section 1610 also explains that this agreement shall be in written and signed by both parties and will become effective upon marriage. A core term within this code is property, which means an interest that includes income and earnings. Although a premarital agreement should be done before marriage starts, it can be amended and even revoked after becoming effective only by a written agreement by both parties (oral contracts are invalid.) These types of
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Although it is usually for self-protection, it might as well protect both parties; for instance, if one spouse has a debt, creditors might go after the marital property. By filing a prenuptial agreement, creditors cannot go after property which is not entirely from the debtor. There are as well some restrictions for a prenuptial agreement; for example, child support, child custody, or illegal matters cannot be treated as part of an agreement since no court would approve them. In child support and custody cases, it wouldn’t be approved since the court retains the power to decide what the best interests for the child are. There are other topics that might not be discussed in this type of agreements, like personal matters (i.e. rules, personal preferences, details about chores, etc.) Both parties may agree to sign an agreement with personal rules; however a court would not agree to validate such