Prenuptial Agreements - Things to know before you say "I Do"

Prenuptial Agreements, also known as a prenup or premarital agreement, is a legal document created and signed by a couple before they get married or enter a civil partnership. The agreement outlines the rights and responsibilities of each party regarding their assets, debts, properties, and other financial matters in the event of divorce, separation, or death.

Couples commonly enter into a prenuptial agreement to supersede many of the laws that would apply if the partnership were to end, including the division of property, retirement benefits, savings, and the right to seek spousal support.

Prenuptial agreements are enforceable legal contracts that aim to prevent potential conflicts and lengthy legal battles surrounding financial matters. However, it is important to note that prenuptial agreements can vary widely depending upon the jurisdiction and the specific terms agreed upon by the parties.

While the specific requirements for a prenuptial agreement can vary by jurisdiction, there are several common elements that are generally required for a prenuptial agreement to be considered valid. Here are some general requirements:

1. Voluntary Agreement: Both parties must enter into the prenuptial agreement voluntarily and without any coercion or duress. It should be a mutually agreed-upon decision.
2. In Writing: A prenuptial agreement must be in writing and signed by both parties. Verbal agreements are generally not enforceable.
3. Adequate Disclosure: Each party must provide a full and fair disclosure of their assets, liabilities, and financial circumstances. This ensures that both parties have a complete understanding of the extent of each other's wealth and financial situation.
4. Consideration: There must be some form of consideration, typically an exchange of rights or assets, between the parties for the agreement to be valid. This consideration can be monetary or non-monetary but is necessary to make the agreement legally binding.
5. No Unconscionability: The terms of the agreement should not be unconscionable or grossly unfair to one party. If the agreement is heavily one-sided and leaves one party significantly disadvantaged, a court may deem it unconscionable and refuse to enforce it.
6. Proper Execution: The prenuptial agreement should be executed, or signed, well in advance of the wedding or civil partnership ceremony. This is to ensure that both parties have sufficient time to review and consider the terms of the agreement without any last-minute pressure.

It's important to note that these requirements may differ depending on the jurisdiction. If you have any questions or are interested in obtaining a prenuptial agreement, please call our office for a consultation with Ms. Makupson who can fully advise you of your rights.