There are many prenuptial agreements that are so deeply flawed that there are unenforceable, many because California law changed for prenuptial agreement back in early 2000, so that all agreements that predate that time are flawed.
Q: If I have a pre-2000 prenuptial agreement, should I have it reviewed by an experienced attorney to see if it’s still valid?
Yes. Prenuptial agreements are interpreted at the time that they are enforced, i.e., at the time of divorce, not at the time when they are drafted and signed, which may be many years earlier. Laws may, and often do, change during extended periods of time between the drafting and enforcement of any contract.
It’s important to have an experienced family law attorney drafting your prenuptial agreement so that you know that it will be enforceable when it is interpreted, not just when it’s drafted.