What Makes a Valid Pre-Nuptial or Pre-Marital Agreement?
Unlike in the movies, just any “prenup” does not magically protect you forever from any potential losses in case of divorce. A valid pre-nuptial or pre-marital agreement must contain certain elements. It must be signed before the marriage date and without duress. It must include detailed descriptions of property, assets, and financial holdings, as well as earnings derived from those holdings. It must be drafted and signed by both parties individually with each having separate legal counsel. It must include a termination date after which certain provisions will no longer be in effect. It should have specific language detailing the interests of each parties. This is only a sample of elements which should be included to create a valid “prenup.” Lastly, “prenups” are not enforceable due to public policy if thy promote divorce; for instance, a “prenup” cannot guarantee a greater standard of living in the case of divorce than was enjoyed during the marriage. Call Sagaria Law today to schedule your consultation to learn more about how we can help you protect yourself.