Does a prenuptial agreement override family law?

Attorney answers (2)

1. Licensed in MS

   

   Mary Milek

   Oxford Child Custody Lawyer

   Contributor Level 14

   3

   Lawyers agree

   Answered May 17, 2012 18:27. I would only add that where prenuptial agreements usually fail, is little or no consideration for the party in the weaker financial condition. This is where most prenuptials will be set aside (or large portions of it). Several times I have had to tell a client, I can draft these papers like this if you want, but they don’t stand much of a chance if challenged. Protecting your assets is one thing, but if your prenuptial makes you sound selfish or greedy, don’t be surprised if the entire agreement becomes round file material.

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2. Licensed in MS

   

   Jeffrey Padgett

   Charleston Criminal Defense Attorney

   Contributor Level 10

   2

   Lawyers agree

   Answered May 10, 2012 23:02. A pre-nup falls under contract law which can trump family law if drafted correctly, and you can provide for her and your children in that agreement should a divorce occur. Hopefully your marriage will not have to fall back on the pre-nup. Good Luck!

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