Prenuptial Agreements FAQ
What is the benefit of a prenuptial agreement?
When a couple is going through a divorce, it is difficult to agree on anything, let alone the terms of their separation. The theory behind this agreement is that you will determine the rights, responsibilities and property division in the event of separation, but you will decide it at a time when you are communicating well and can have productive discussions.
When is a prenuptial agreement signed?
A prenuptial agreement is signed before the wedding takes place. However, it is customary to sign at a reasonable time before the wedding to ensure that there is no pressure on the bride or groom to sign, which would later lead to a claim of duress.
Are prenuptial agreements always enforced?
Often, the Court will take a second look to the time the agreement was signed to ensure that the circumstances were fair. If both parties had counsel and there was adequate time to prepare, negotiate and sign the agreement, as well as full financial disclosure, the agreement will likely be enforced.