In order to be enforced, a prenuptial agreement must meet certain legal standards. First, both sides must have the contract reviewed by separate lawyers. Second, each spouse must have fully disclosed their assets and debts to the other and acknowledge this full disclosure in the body of the prenuptial agreement. And lastly, a prenuptial agreement must be signed before the marriage by each spouse, willingly and not under duress.
Prenuptial agreements are not appropriate in each prospective nuptials. Generally, there is little reason for a young couple just starting out to execute a prenuptial contract. On the other hand, some individuals, due to specific property and wealth circumstances, may desire the certainty that comes with such contracts.
Examples of individuals that should consider a prenuptial agreement include:
- high net-worth individuals;
- owners of family businesses;
- recent inheritance;
- imminent inheritance;
- individuals with children from a previous marriage.
Breaching the subject with one’s fiance can be very touchy and difficult. Often, the less-propertied individual feels insulted by the request for a prenup; they are also told they have to hire a lawyer to review a document they have mixed feelings about signing.
Our law firm can assist you with this sensitive topic. We have built-up a vast network of family law professionals and may be able to refer your loved one to the appropriate lawyer for review of a proposed prenuptial contract. We also have experience in carefully drafting a prenuptial agreement that suits your specific needs.
If you would like a free consultation to discuss your options relative to a prenuptial agreement, or if you would like to have such an agreement reviewed, simply give us a call to make an appointment.