Prenuptial Agreements

A prenuptial agreement is a premarital contract that can change the way that property is divided in a divorce. These agreements are typically only appropriate in cases where there are substantial assets to protect. In order for an agreement to be valid and upheld in court, both parties must sign it voluntarily and without any legal duress or coercion. If one party says that they will not get married unless the other party signs, the agreement would still be valid because this statement is not considered to be duress. Legal duress consists of force, false imprisonment or threats. Prenuptial agreements often seem unfair to one party, but that does not matter and they are typically upheld in court once validated. If you are getting married and would like to draft a prenuptial agreement or if your significant other has asked you to sign a prenuptial agreement, you should contact an attorney immediately.