What Can Void a California Prenuptial Agreement
You know what Barry Bonds and your future divorce have in common? His ex-wife Sun got screwed so hard by their prenuptial agreement that the California Supreme Court had to step in and change the law.
Here's what happened: Sun Bonds signed that prenup at a kitchen table without her own attorney. When they divorced, Barry kept his $100M+ empire, and Sun got the "parting gifts" version of a settlement. She sued, claiming the prenup was so lopsided it resembled legal theft and she didn't understand what she was signing.
The Court’s response? "You’re an adult. You had the chance to get a lawyer and you didn't. Case closed."
This case didn't make prenups "fair"—it made them strict. It led to the "7-Day Rule" in California, meaning you can't spring a prenup on someone at the altar. It proved that in the eyes of the law, ignorance isn't a defense; it’s an expensive mistake.
So, when people tell you a prenup is just a piece of paper, remind them of Sun Bonds. She didn't lose because Barry was mean; she lost because she didn't have the knowledge or the resources to ask the right questions before she signed.
What actually is a prenuptial agreement?
A conversation about money saying, “Here’s the truth of our financial baggage, our debts, our assets, and what we expect from each other” before we're knee-deep in wedding planning and can't think straight.
Yes there are lawyers involved, and yes it’s legally binding and while there is no statistical evidence that marriages that have a prenup have better outcomes than those that don’t, we do know that financial stress is the leading cause of divorce. See this study.
So avoid the prenup panic and use these questions to start having the conversation about your impending prenup before you head into the lawyers office.
Watch our in depth conversation with fellow attorney Rachel King, about prenup highs and low.
3 things we, lawyers, wish you knew about prenups agreements before getting one.
The "7-Day Rule" kills 90% of prenups - California requires signing at least 7 days before the wedding Last-minute prenups are void.
Separate Lawyers or Bust - No independent counsel creates invalidation risk. Both parties have to have their own lawyers unless one you waives the lawyer requirement in a written statement (silly move).
California's Alimony Requirement - If you waive alimony, you MUST have an attorney; otherwise, it's an invalid prenup
Bet you didn't know about those… Then there are the obvious things.
Things that will invalidate a prenup in California.
Playing Hide and Seek with Your Bank Account: Turns out, "forgetting" to mention that offshore account or your massive gambling debt is a legal no-no. Full disclosure is mandatory, otherwise, the whole thing is dust.
The "Vows or Sign" Ambush: The agreement must be signed voluntarily. Presenting it immediately before the wedding … see above
Unconscionable Terms: If your agreement is so one-sided it leaves your ex living in a cardboard box while you keep the yacht, it’s "unconscionable." Judges generally aren't fans of helping you ruin someone's life for sport.
Trying to Control the Bedroom (or the Kids): You can’t use a prenup to fine your spouse for gaining weight, cheating, or failing to do the dishes. Also, you don't get to "pre-order" child custody. This is a financial contract, not a draft of your post divorce novella.
As more Americans getting on board with prenups, In a 2022 Harris Poll report, 15 percent of U.S. respondents asked said they've already signed a prenup, a healthy climb from just 3 percent in 2010. The narrative is starting to shift. The people calling prenups "unromantic" are the same ones who think love conquers all while drowning in credit card debt.
So have the hard conversations and do check the list above to prevent having your prenup invalidated. Protect what you've built, even if it’s only $10,579.
Want to sharpen your own relationship radar? Tune in to Season 6 of the Legally Uncensored Podcast. We'll simplify the chaotic, the intricate, and everything that falls in between. Let’s be honest: love can often feel like a battlefield, and sometimes expert guidance is necessary to help you maneuver through the challenges. Join us for the discussion and be part of the conversation!