Legal Question in Family Law in California

Based on what you have provided, the agreement is invalid as a prenuptial agreement. The family code defines a premarital agreement as an agreement between prospective spouses, made in contemplation of marriage and to be effective upon marriage. The agreement would have to be reviewed by an attorney, however, to determine whether it would pass muster as a valid post-nuptial agreement.

Failure to consumate a marriage is not a ground for annulment in California. Thus an annulment cannot be based on failure to consumate, but rather, failure to have the ability to consummate. (Stepanek v. Stepanek (1st Dist. 1961) 193 Cal.App.2d 760.)

The grounds for annulment based on fraud are narrowly interpreted by the courts. A judgment of nullity on the ground of �fraud� is proper only in extreme cases where the particular fraud goes to the very essence of the marriage relation. �A marriage may be annulled for fraud only in an extreme case where the particular fraud goes to the very essence of the marriage relation.� (In re Marriage of Ramirez (4th Dist. 2008) 165 Cal.App.4th 751, 757.)

Instead, the particular fraudulent intention must relate to the sexual or procreative aspects of marriage. In the absence of this type of fraud, the longstanding rule is that neither party may question the validity of the marriage upon the ground of express or implied representations of the other with respect to such matters as character, habits, chastity, business or social standing, financial worth or prospects, or matters of a similar nature.

(In re Marriage of Meagher and Maleki (4th Dist. 2005) 131 Cal.App.4th 1, 3.)

The prenup is probably not valid although certain parts may be valid. Same with the nulity, it is probably not going to work. You need to meet with an attorney and discuss what you want and how you are trying to protect yourself. You may not have the problems that you think that you have. Good Luck, Pat McCrary