To ensure that each part of Prenup has been informed of their rights since then and that they are fully aware of what they are signing, it is a good idea for each future spouse to have their own lawyer. Indeed, in some states, a prenup is not applicable if only one lawyer is used. Even if this is not the case, two lawyers ensure that both parties understand the agreement. Although there are no guarantees in the law, a matrimonial agreement should withstand a legal challenge if it has been duly drafted to meet the legal requirements of the state in which the agreement is signed. 3. They have been put under pressure: a pre-marital agreement cannot be valid if one spouse has been put under pressure by the other (or by his lawyer or family) to sign the agreement. If you live in New York City, you may have seen the news last month that a Brooklyn court pulled out the marriage contract signed by a Long Island woman with her millionaire husband before her wedding in 1998. This is a precedent, and divorce lawyers sit nationally and take note. Will more of us try to reject pre-term agreements outside the courts? Long ago, a marriage contract was considered stodgy or even offensive, but today, “prenups” are becoming more common for wealthy couples. In simple terms, a prenup formalizes the agreement between the spousal spouses, who of their property will become marital property, which will continue to belong to whom individually and, in the event of a break-up, the financial arrangements to be taken. In most cases, a preliminary investigation is conducted to protect the spouse with a greater separate fortune from the loss of an unfair share of those assets if the marriage were to end.
For example, a prenup cannot rule on child custody or child care issues. There is no agreement that can waive a child`s right to parental assistance and a court must adopt or approve a custody regime based on the best interests of the child. According to the New York Post, in 2013, the wife of a Long Island real estate developer convinced a judge to invalidate the Von Mann contract four days before her wedding in 1998. La Prenup explained that her husband, who had a $20 million real estate empire, would keep everything in case the couple split.