If you are facing or considering divorce and have a prenuptial agreement in place, it is critical to work with an experienced lawyer who will thoroughly analyze that agreement. Premarital agreements vary widely in their language and enforceability, and how yours was drafted or executed matters.
At The Law Offices of Burch & Coulston, LLP, an accomplished team of attorneys drafts a wide range of premarital and postnuptial agreements for our diverse clientele. We have also successfully contested and defended premarital agreements in a range of divorce proceedings. Complex financial analysis and aggressive case building are strengths for our firm.
Is Your Premarital Agreement Vulnerable to Attack?
Our Orange County-based attorneys' in-depth knowledge of the California Premarital Agreement Act (CPMA), including time stipulations and other key points of attack, can be a tremendous asset for you. Issues we explore that may enable breaking an agreement include:
- Whether requirements of the CPMA were violated, as with a failure to have the agreement in final form at least seven days before the marriage — and whether the agreement complied with other applicable laws at the time
- The failure of your spouse to provide a full financial disclosure — perhaps by hiding assets, diverting business income, low-balling business valuations, or otherwise understating his or her financial resources
- Coercion or duress exerted upon you at the time you entered into the agreement
Finally, it may be viable to contest the fundamental fairness of the terms of the prenuptial agreement you entered. A common scenario in these cases is the need to show that one spouse did not know what was being signed away, and therefore the agreement must be reconsidered or declared void.
Targeting Quick, Fair Settlements, But Always Prepared for Trial
We seek fair, efficient settlements of financial disputes through direct negotiation or mediation whenever possible. However, should your matter ultimately call for a trial lawyer armed with a compelling, well-researched case, you will have that covered as well.
To discuss any prenuptial agreement or other premarital contract and its significance as you proceed through a California divorce, schedule a consultation at our firm in Irvine today.