Prenuptial Agreement

A prenuptial (or antenuptial) agreement allows a couple contemplating marriage to determine how property will be divided and spousal support will be paid in the event of a subsequent divorce.

Prenuptial agreements often wind up in court. It is important to meet all legal requirements to ensure the validity of the agreement.

Full disclosure from both parties is essential. Disclosure normally means exchanging lists of your assets and debts with your prospective spouse.

Timing of the prenup is also important. Asking your prospective partner to sign an agreement just before getting married is a bad idea because she can later argue that she was subjected to "undue pressure."

Finally, it is a good practice that both parties have independent counsel.

Properly drafted and executed, prenups can offer the protection and additional security to enable a person to marry.

But there are pitfalls, and precisely adhering to the requirements will give the greatest opportunity for a court to enforce your true intent later.