Prenuptial agreements must be both procedurally and substantially fair. A court will not enforce a prenuptial agreement, executed under fraud, duress or a mistake. The agreement should be executed as long as possible before the wedding takes place. Last minute prenuptial executions can be considered to have taken place under fraud, duress or undue influence.
Full Disclosure Of All Assets
The prenuptial agreement requires a knowing and intelligent understanding of each party’s financial circumstances. Therefore, it is important there be a full disclosure of all financial assets of both of the parties and the income of both of the parties as a prerequisite to entering into the prenuptial agreement.
It is absolutely necessary that both parties to the prenuptial agreement have independent attorneys advising them regarding the execution of the agreement. Even if one party says they don’t want an attorney and they’re willing to sign the agreement without legal representation, the other party should hire an attorney to represent him or her. The failure for one party to be represented by an attorney at the execution of the prenuptial agreement can be the basis of setting the agreement during divorce litigation.