PRE-NUP?

Pre-Nup?

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.