This is what is so annoying; you have no knowledge of it but an opinion. That doesn’t make something true, or possible.
well here you go: none of these apply because Alice has had many lawyers and not one of them has challenged it.
- Execution Under Duress, Manipulation or Fraud
In order to be legally enforceable, a prenuptial agreement must be entered into voluntarily by both parties. If either party signed the agreement against his or her will due to duress, manipulation or fraud, then the entire agreement may be invalid.
- Unconscionability
A prenuptial agreement can also be invalid if it is determined to be “unconscionable.” In order to be considered unconscionable, a prenuptial agreement must be overtly one-sided, and the spouse seeking to challenge the agreement must have not:
Received full disclosure of his or her fiancé’s assets and liabilities prior to signing the agreement;
Waived his or her right to receive a full and accurate asset and liability disclosure; and,
Had a reasonable opportunity to discover his or her fiancé’s assets and liabilities prior to signing.
- Lack of Mental Capacity
A prenuptial agreement is not enforceable if, at the time of signing, one party lacked the mental capacity required to make an informed and conscious decision. In addition to mental illnesses and other health conditions, alcohol and drug intoxication can establish lack of capacity in some cases.
- Lack of Legal Representation
By law, when signing a prenuptial agreement in California, both parties must have their attorneys present, or they must have previously waived their right to legal representation in a separate document. If either party was denied the opportunity to have legal representation, this can render their prenuptial agreement unenforceable.
- Illegal Terms
California law also prohibits prenuptial agreements from containing certain terms. For example, waivers of child support and child custody rights generally will not be enforced. Likewise, contract terms that are viewed as “promoting” divorce may be deemed unenforceable as well.