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A Prenuptial Agreement is an agreement entered into prior to a marriage by a couple who plans to marry. Typically it involves the waiver of interests in property and is sought to protect a person's interest in property in case the couple ultimately divorces. In order for a Prenuptial Agreement to be enforceable or upheld by a court, the following factors are considered:
- The agreement must be fair & equitable in procurement and result;
- There must be a frank, full & truthful disclosure of all assets;
- The agreement must be voluntarily & freely entered into with full knowledge of its meaning and effect;
- Independent legal advice is important for evaluating whether the agreement was voluntary and understood; and
- A confidential relationship exists between a couple, so if an agreement is challenged in court the party seeking to enforce its terms must prove it is fair and equitable.
If you have questions regarding a prenuptial agreement, please call me at 410-263-3660 or email me at nlw@nancyweller.com.
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