A prenuptial agreement can be good or bad.
Good in that it ensures that whatever assets you may wish to protect are not effected by a later divorce, bad in that it can complicate and prolong a divorce.
You may be wondering whether the prenuptial agreement you signed is valid now that you are getting a divorce. The reality is that a prenuptial agreement is very easy to create and almost always valid. The United States legal system has long been a proponent of allowing parties to contract. The freedom to contract is long been considered a fundamental right. A prenuptial agreement is a contract that provides certain conditions before, during, and after marriage. Although a prenuptial agreement is easy to create, there are a number of requirements that must be met for the prenuptial agreement to be valid.
First, the agreement must be agreed to by both parties voluntarily. This means that the parties are both willing to do what the prenuptial agreement says. If one party is coerced or under extreme mental anguish at the time they agree to the prenuptial agreement, then the agreement is not valid.
Second, both parties must understand the agreement. If one party is so in love at the time they agree to the prenuptial agreement, they may not read or pay careful attention to the terms of the agreement. Additionally, both parties must fully disclose to each other their respective financial situations and prospects. This means that if one party has large debt, they must disclose that fact. If one party has large amounts of stock in a certain company, then they have to disclose that. If one party expects to inherit a large amount of money, that has to be disclosed.
Finally, the document must be signed by both parties in the presence of a notary.
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