Prenuptial Agreements

A prenuptial agreement is simply a contract – a contract made in contemplation of marriage. Prenuptial agreements are usually used to pre-determine how a couple’s property and assets would be distributed, as well as provide for spousal support, in the event of divorce.

Certain requirements must be met in order for a court to uphold a prenuptial agreement. First, both spouses must be able to deliberate over the agreement for a reasonable time before signing it. A court will not uphold an agreement that was presented to the spouse one day or one week before the wedding date. Second, each spouse must be represented by a separate, independent attorney in making the agreement. One attorney cannot represent both sides to the contract. Third, each spouse must fully disclose his or her financial situation in making the agreement. Last, the agreement must not be fundamentally unfair and must be stated in plain language. 

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