A valid pre-nuptial agreement can be an extremely valuable tool. These agreements can help mitigate the consequences of a high conflict divorce, or completely eliminate the need for divorce attorneys in the future.
What do I need to do in order to create a Pre-Nup? In order to create a valid enforceable prenuptial agreement, there must be a agreement in writing that is signed by bother parties. A Pre-Nup can be to be invalid if:
- The agreement was not entered into voluntarily; and
- The agreement is found to be unconscionable due to:
- A lack of fair and reasonable disclosure of property or financial obligations by one of the parties;
- One of the parties did not voluntarily and expressly waive, in writing, any right to disclosure of property or financial obligation, beyond the disclosure provided;
- One of the parties did not have adequate knowledge of the property or financial obligations of the other.
One of the parties did not have an opportunity to review or seek counsel.
In order to be successful in creating a Pre-Nup there must be disclosure between the parties, attempting to hide assets could have negative consequences on the effectiveness of your Pre-Nup.
In drafting a Pre-Nup it is best to consult with an attorney who can help you and drafting an effective Pre-Nup and make you aware of potential options and consequences.