Many think that they can have a prenuptial agreement drafted quickly and signed right before a wedding. This poor strategy will likely lead to litigation if there is a divorce. Parties should exchange a financial affidavit and provide each other a list of their income, assets and liabilities along with supporting documents long before the date of the wedding or have a very clearly and express waiver, in writing, to the right of such financial disclosure.. If parties fail to provide each other with such disclosures, there is a chance the court may throw out the prenuptial agreement.
I tell my clients that prenuptial agreements should be signed months before the wedding, which will then become effective upon the marriage of the parties. Courts have thrown out prenuptial agreements signed a day or two before a wedding ceremony.
Provide your Spouse with the Money for an Attorney Consultation...
I advise my clients to provide the consultation fee for their spouse to consult with an attorney to review the proposed prenuptial agreement. I include the name of that attorney in the prenuptial agreement. By doing so, it will be very difficult for a court later to throw out the agreement because it was the product of duress, coercion or overreaching
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