Validity of Prenuptials

Validity of Prenuptials

The courts typically uphold prenuptial agreements unless one person shows:

  1. The agreement is likely to promote divorce
  2. The agreement was written and signed with the intention of divorcing
  3. One party was forced into signing
  4. The agreement was created unfairly
In addition, all prenuptial agreements should be based on the full disclosure of assets and debts by both parties. If you do not fully disclose your financial position, the prenuptial will be vulnerable in court. In addition, while you do not need an attorney to create a prenuptial agreement, it may be a good idea to retain one if the other spouse does so.

Certain rules apply as to what can and cannot be in a prenuptial agreement. Federal guidelines, which LegalZoom's prenuptial agreements follow, have been created for people entering prenuptial agreements. States that have adopted these standards include the following:

  • Arizona
  • Arkansas
  • California
  • Hawaii
  • Illinois
  • Iowa
  • Kansas
  • Maine
  • Montana
  • Nevada
  • New Jersey
  • North Carolina
  • North Dakota
  • Oregon
  • Rhode Island
  • South Dakota
  • Texas
  • Virginia
However, most states have accepted the validity of prenuptial agreements, including New York and Florida. In addition, some states have slightly modified the federal guidelines. For instance, a few states do not allow spouses to waive the right to court-ordered spousal support.
  • Definition of a Prenuptial Agreement
    A prenuptial agreement is entered into before marriage. This agreement can set forth what will happen to your and your spouse's assets and income in the unfortunate event of divorce, separation or death. Most importantly, a prenuptial agreement can preserve the nature of property in the...
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  • Benefits of Prenuptials
    The benefits of a prenuptial agreement cannot be overstated. Although many divorces do not end up in court, they can still be extremely costly. Most people overlook the fact that marriage is a communion of property. Deciding who receives what property can be a painstaking process requiring a lot...
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  • Validity of Prenuptials
    The courts typically uphold prenuptial agreements unless one person shows:
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  • Community Property and Equitable Distribution in a Prenuptial Agreement
    To understand what a prenuptial agreement can do, it is important to understand community and separate property. Community property is observed in the following states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. All other states follow equitable...
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  • Separate Property in a Prenuptial Agreement
    The rules of community property and equitable distribution only apply to income and assets earned or acquired during the marriage. Separate property is everything a husband and wife own separately. In most cases, separate property includes:
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  • Child Support and Spousal Support in Prenuptial Agreements
    No state allows limitations on child support payment amounts in a prenuptial agreement. Child support payments are defined by state guidelines. On the other hand, spousal support waivers vary from state to state. States which follow the Uniform Pre-Marital Agreement Act permit the waiver of...
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