Challenging Prenuptial Agreements

Merrisa L. Coleman-Bishop - California Premarital Agreement Review

If you're contemplating marriage with a person who wants you to sign an agreement affecting your future rights as a condition of getting married, San Jose prenuptial agreement attorney Merrisa Coleman-Bishop can review the terms of the agreement with you to make sure that you understand them and the rights you're asked to give up, and to make sure that the agreement is clear, discloses all of each party's assets, and contains no unenforceable or prohibited terms. Contact her office in San Jose to arrange a prenuptial agreement review with an experienced family law attorney.

In divorce cases involving prenuptial agreements, Santa Clara County divorce attorney Merrisa Coleman-Bishop knows how to analyze and challenge the terms of a defective prenuptial agreement on such grounds as:

  • Insufficient opportunity for independent review of the agreement prior to signing it
  • One party failed to disclose assets
  • Unenforceable terms concerning child support
  • Duress, fraud, mistake, or ambiguity

Especially in high-asset divorce cases, the stakes can be very high in determining the enforceability of a prenuptial agreement or one of its key terms. In most cases, it will be necessary to prove the facts as they existed at the time the agreement was signed in order to invalidate the operation of a prenuptial agreement, and difficult issues of evidence, law, or the credibility of witnesses can further complicate the exercise.

Bay Area family law attorney Merrisa Coleman-Bishop has the experience and legal insight to advise you whether a prenuptial agreement might be upheld in your divorce, and will give you an objective opinion as to the likelihood that a challenge to its terms might succeed. For additional information about the effect of a prenuptial agreement in your case, contact Merrisa Coleman-Bishop in San Jose.

San Jose family law attorney Merrisa L. Coleman-Bishop advises and represents clients in the premarital review of prenuptial agreements, as well as the analysis and challenge of prenuptial agreements in divorce cases on such grounds as duress, incomplete disclosure, inadequate opportunity for independent review, overreaching, or other defects of contract formation or drafting.