How do I know my prenup will be vaild?

How do I know my prenup will be vaild?

May 20, 2017

Great Question! A properly crafted prenuptial agreement consists of, at minimum, the following elements:

  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.

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!



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