People often contact our office about prenuptial agreements. Here are some thoughts about “prenups” and the rules you need to follow.
A prenup basically addresses and resolves many financial issues as parties get married, thereby eliminating the need to do so in the event of a subsequent divorce. A Prenup cannot address any issues related to a child or children. However, a prenup can address alimony, division of assets and debts and most other financial issues.
To be valid, certain procedures must be followed. First, both parties should have attorneys. Second, there must be full disclosure of all financial issues. Last, each party must have capacity-the ability to think clearly and not be under undue pressure or influence to ensure that the prenup is valid.
My general rule is to start and finish at least six months before the wedding. If anyone contacts us with a wedding in a week or two, it is impossible to prepare an enforceable prenup under such time constraints for all involved.
