Before diving into a marriage, it has become increasingly common for couples to implement premarital agreements as a form of security or added insurance. Married couples who want to get an agreement in place after the fact will also commonly move forward with a postmarital agreement. 

These agreements are common when one or more of the parties carries a high amount of net worth or assets, though specifics can vary from marriage to marriage and all couples are eligible to implement these types of agreements. While both parties must consent to the marital agreement, no system is perfect. What happens when one person is stuck under an agreement that is unfair or unbalanced?

Today, we’re examining this issue as we assess what is considered “unfair” from a legal perspective and discuss potential solutions for anyone on the receiving end of an unfair marital agreement in CA.

What is Defined as Unfair Under CA Family Law?

As per family law in CA, any marital agreement that is considered unfair or “unconscionable”  cannot be enforced by the family law courts. This usually boils down to three main reasons:

• When a spouse is not granted full disclose or knowledge of the other spouse’s finances or assets.
• When a spouse could not have or was not able to get information about any property owned or debts owed by the other party. 
• When the spouse explicitly did not waive the right to this information, such as being put under pressure by the other spouse to sign.

In these cases, if the courts agree that any of these conditions apply, they’ll consider the martial agreement to be unconscionable and this unenforceable under CA family law.

Assess Your Marital Agreement With the Help of a CA Family Law Attorney

Marital agreements are complex, legally binding terms that may not always be enforced as either party had expected. Furthermore, it is important to remember that if your marital agreement feels unbalanced or “unfair,” there are options on the table that can help you get out from under its terms. 

If you want to learn more about this topic, or have questions about your specific marital agreement in CA, you owe it to yourself to reach out to a qualified legal professional who can help guide you through these complex issues. We at the White Oak Law wield decades of experience as we help clients deal with a myriad of family law issues, including divorce, premarital and post marital agreements, asset division, and more. 

Call our offices at 925-271-0999 to learn more about how our seasoned attorneys can help.