The courts typically uphold prenuptial agreements unless one person shows:
- The agreement is likely to promote divorce
- The agreement was written and signed with the intention of divorcing
- One party was forced into signing
- 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:
- New Jersey
- North Carolina
- North Dakota
- Rhode Island
- South Dakota
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.