Prenuptial Agreements

When people decide to get married, they sometimes agree to a prenuptial agreement. This is a document, signed by both soon-to-be-spouses, that sets some guidelines for what will happen in the event of a divorce or dissolution of the marriage. It must be signed before the two people are married.

For a long time in the United States, courts did not allow or even recognize these agreements because they thought it undermined the institution of marriage. They are, however, becoming more and more widely enforced, and are recognized in essentially all jurisdictions in the U.S.

A prenuptial agreement will typically lay out restrictions on how much alimony will be paid, if any, and the division of property, assets, etc. that would happen in the event of a divorce. Some people think that these agreements are a bad idea because they see them as cheapening the marriage; others think that they are a necessity because of the protection that they offer.

Even when prenuptial agreements are recognized, they are not always enforced, and are not always followed to the exact detail. Most judges will take them into consideration, but there are 5 requirements that must be met to have a valid prenup:

• The agreement must be in writing
• It must be entered into voluntarily
• Full or fair disclosure by both parties at the time of signing
• It must not be unconscionable
• It must be signed before a notary public

Prenups are a valid legal agreement, assuming the above requirements are met, and they are becoming more and more popular.

Contact Us

If you are considering signing a prenuptial agreement or have questions about how your prenup relates to your divorce, contact the West Palm Beach divorce lawyers of Eric N. Klein & Associates at 561-353-2800.