There is a statute that governs people’s rights when they enter into prenuptial agreements, but the key is that both sides are entitled to a full and fair disclosure of assets, income and liabilities, and both sides are encouraged to have council look over the agreement and make sure that it meets everyone’s needs. The most serious consideration I think is to make sure that neither side feels under duress when entering into a prenuptial agreement. Often we see prenuptial agreements presented to a spouse on the day before the wedding, and that generally constitutes duress because when you’ve got 200 or 300 guests about to show up for a wedding it’s hard to say I’m not gonna sign this agreement, so you want to make sure that these arrangements are made well in advance of the wedding arraignments, and certainly the agreement should be signed long before the invitations go out.
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