Re: Validity of a Pre-nuptial?

If both parties had the opportunity to consult with attorneys and did not and this is indicated in the agreement and assuming no one was unduly influenced to sign the agreement and most important that there is a full disclosure of each persons assets then there is a good possibility such agreement would be enforced. I suggest that you contact an attorney to review any agreement you draw up.

Re: Validity of a Pre-nuptial?

It does not need to be witnessed or notarized. However, one party can always claim they did not sign it.

I trust this answers your question and feel free to call or E-mail on a free initial basis.

Re: Validity of a Pre-nuptial?

A prenup is a contract. Therefore there are no formal requirements for validity. But, they are subject to the same defenses as any contract. Since it is between two people in an intimate relationship, it is best to be sure that each party be encouraged to seek independent legal advice and that this encouragement be documented. If no independent legal advice is sought, you should document that the failure to obtain this advice was by the choice of each of the parties, without any undue influence or pressure.

While a witness to the signatures is a good idea to prevent claims that the document was forged, it is still subject to claims of fraud or undue influence or duress. Therefore, the validity of the agreement depends, as a practical matter, on being able to prove that each party knew and understood what he or she was doing, and was not put under any pressure or duress in agreeing to the terms of the agreement.

Re: Validity of a Pre-nuptial?

Well, it all depends on what the "pre-nuptial agreement" says and under what conditions it was adopted.

Good luck to you.