A prenuptual agreement (prenup), also known as antenuptial agreement, is a contractual agreement entered into prior to marriage by the parties, setting forth the terms and conditions for a legal separation, or divorce. If drafted properly it can be a very powerful document, and potentially limit the parties property rights and spousal support. Prenuptial agreements are recognized in all fifty (50) states and the District of Columbia, and in the majority of these jurisdictions there are five (5) standard elements required for a valid prenuptial agreement.
1. The agreement must be in writing;
2. The agreement must be executed voluntarily;
3. There must be a fair, or full disclosure at the time of execution;
4. The prenup must not be unconscionable;
5. It must be signed by both parties, (not just their attorneys) and it must be notarized.
Also, in all fifty (50) states prenuptial agreements are not allowed to regulate issues that relate to the children of the marriage, such as custody, support, and parenting time. In many jurisdictions prenuptial agreements that are found to contain provisions that tend to unreasonably encourage divorce or separation have been deemed unenforceable, based on public policy concerns.
Prenuptial agreements can be complicated documents to draft, and should never be attempted without the assistance of experienced legal counsel. John can help guide you through this process with his skill and experience, so that no matter what the future may hold, you can be confident yours will be secure.