Just because you have a prenuptial agreement does not mean that it is enforceable. I see judges rule against prenuptial agreements regularly. Beware of some of these circumstances.
Some of the reasons a prenuptial agreement may not be enforceable include:
- The agreement is interpreted to be unfair to one spouse.
- Both parties did not enter into the agreement voluntarily with independent legal advice and with full knowledge and understanding of the document’s content. If you are signing the prenuptial agreement at the rehearsal dinner when your spouse’s attorney arrives with the pen and papers, problems could easily arise when it is time for a divorce.
-There was not full disclosure of all of the assets and liabilities at the time the prenuptial agreement was signed. I see this often when one client has substantial separate assets and doesn’t disclose the full extent of these assets.
-The timing of the signing of the prenuptial agreement did not allow for an informed decision. Allow plenty of time to create this important agreement, time for all of the factors to fall into place, and time for a thorough investigation and verification of all assets and liabilities.
Prenuptial agreements remind me of “arranged marriages” from my great grandparents era. Marriage was for life and if you wanted out, there were serious financial considerations both in the division of income and assets in order to get your freedom. Today the prenuptial agreement is your blueprint for divorce.