Absolutely, so long as they meet the criteria of being substantively fair to the disfavored spouse (the spouse with the smaller estate), for example, by allowing for the accumulation of community property during the marriage. Even an unfair prenuptial agreement may be enforced if it was entered into in a procedurally fair fashion. This means that each party had independent legal advice (separate attorneys) and had the rights they were giving up explained to them and entered into the agreement freely without being under inappropriate pressure (duress) when they signed it. The enforcement of a prenuptial agreement depends upon the facts of each negotiation and the language of each agreement.
In addition, timeliness of execution of the prenuptial agreement must be considered. t shouldn't be executed shortly before the ceremony when most of the plans have been finalized.
LEGAL DISCLAIMER: This is not legal advice and should not be relied upon as such.
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