What are Some Reasons Pre-Marital or Post-Marital Agreements are not Enforced?
California courts have stated that there is not a complete freedom of contract between spouses with regards to marital relationships. If a prenuptual agreement is found to be in violation of public policy, the court will invalidate it. For example, terms which guarantee a payout in cases of infidelity have been invalidated as contrary to California’s policy of no-fault divorce. Similarly, terms which aim to compensate in the case of drug use have been determined by the court to be compensation for emotional harm which is contrary to no-fault divorce concepts. Contact Sagaria Law today to schedule an initial consultation so that we can put our experience in pre- and post-marital agreements to work for you.