Failure to completely disclose assets is a basis for voiding your prenup.
Let me state that again. If you do not fully disclose your assets, your prenup is NO GOOD.
California Family Code section 1615 (a)(1)(A) states: A premarital agreement is not enforceable if the party against whom enforcement is sought proves … That party was not provided a fair, reasonable, and full disclosure of the property or financial obligations of the other party.
What is full disclosure?
A complete listing of all of your assets and debts prior to the marriage. Bank and brokerage statements. Appraisals of real estate, vehicles, boats, planes. Valuations of businesses. Credit card statements. Student loan statements.
No hiding the ball!
Be in the Know
Incidentally, one of the best reasons FOR prenups is the full disclosure requirement. No one should ever enter into a marriage without full knowledge of each other’s assets and debts.
Exchange of Information
These documents must be mutually exchanged. It is also good practice to for the parties to execute an Acknowledgement of Receipt of Disclosures and Waiver of Further Disclosures.
Why Must I Disclose?
Think about it. In a prenuptial agreement, you are asking your spouse to alter the laws as it applies to your situation. Perhaps you are asking him/her to waive community property. Or waive alimony.
Before they can competently agree to “waive” or “alter” their rights and obligations, they should have the opportunity to review the big picture to see exactly what they are “waiving” or “altering”.
Common sense! You cannot play hide the ball.
Full Disclosures Just One Requirement
Besides full disclosures, there are many requirements to ensuring your prenup is valid. Consult an attorney in your state.
Prenups Require Financial Disclosures. Is your prenuptial agreement enforceable?