Did You Know?

Your Prenuptial Agreement can be declared “invalid” in court

Your Prenuptial Agreement can be declared “invalid” in court

It’s true, many couples go through the process of putting together a DIY prenuptial agreement, only to have it declared unenforceable in court. Our attorneys have drafted many prenups over the years, and know how to make a prenup that is fair and enforceable in court. Don’t risk writing a prenup yourself only to have it invalidated by a judge when you really need it!

Here are some tips to ensure that your prenuptial agreement will be valid:

  1. The agreement must be in writing (oral prenups are generally unenforceable);
  2. It must be executed voluntarily and not under duress or on the eve of wedding;
  3. The agreement shall include full and/or fair disclosure of all assets, liabilities and debts by both parties at the time of it’s execution;
  4. The agreement cannot be unconscionable on contain unconscionable clauses such as a waiver of child support;
  5. The agreement must be executed by both parties (not their attorneys) “in the manner required for a deed to be recorded”, known as an acknowledgment, before a notary public;
  6. Both parties should have independent legal counsel in most cases.