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:
- The agreement must be in writing (oral prenups are generally unenforceable);
- It must be executed voluntarily and not under duress or on the eve of wedding;
- 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;
- The agreement cannot be unconscionable on contain unconscionable clauses such as a waiver of child support;
- 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;
- Both parties should have independent legal counsel in most cases.