Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
A Pre-Nup is a contract to be treated like any other agreement. However, it does require that both parties enter into it with any duress or coercion and made a voluntary waiver of important rights only after full disclosure and (the opportunity to have had) legal counsel. If so, then it can be enforced.
Answer Applies to: Pennsylvania
Beaulier Law Office | Maury Beaulier
Prenuptial agreements, if properly executed, are binding and enforceable so long as the court deems that they were fair when executed and when enforced. A failure to act in conformity with the intent of the prenuptial agreement may create a challenge to its provisions.
Answer Applies to: Minnesota
Law Office of Patricia Van Haren | Patricia Van Haren
A prenuptial agreement is intended to protect the parties interests in the event of a death or divorce and to determine the characterization of property during a marriage. While they are binding, there may be reasons that the agreement may be invalidated. If the agreement is not being enforced, it would be governed under family law and those issues may be addressed in Court.
Answer Applies to: California
Fredric H. Aaron, Attorney at Law, P.C. | Fredric Harlan Aaron
A properly drafted prenuptial agreement will stand up in court in New York State. If one party tries to "simply ignore" the agreement, the other party can bring an action in court to enforce the agreement (like a breach of contract). It is crucial that you retain an experienced attorney to assist you in the process.
Answer Applies to: New York
Law Offices of Arlene D. Kock | Arlene D. Kock
The question you pose is too broad for a specific reply. Simply stated, a prenuptial agreement is a contract to hold property as a married couple in a fashion that departs from your rights and responsibilities under California community property laws. If the prenuptial is properly created, it will be binding.
Answer Applies to: California
Law Office of Michael W. Bugni | Jay W. Neff
The first thing to realize about a pre-nup is that you are never going to know whether it is valid unless someone challenges it in court. Basically, a pre-nup is a contract between you and your spouse-to-be about how certain items of debt and property are going to be handled. They can determine what is community property and what is separate property. They can determine how property and debts are going to be divided up in the event of divorce. They can determine whether there will be maintenance, how much, and for how long. They can determine how property is to be divided at the time of death. If a pre-nup is done properly, then, it is binding upon both parties, and one party cannot choose to just ignore it. Whether a particular pre-nup has been done properly is a matter of considerable discussion in the courts. The court seems to be using a two part test to determine whether a pre-nup is valid. A VERY simplified version of the test is as follows: Part 1: 1. Is the pre-nup substantively fair? This means, at the time the pre-nup was signed, did it provide adequately for both parties? If the court decides that it did adequately provide for both parties, then, the pre-nup is valid and the inquiry ends. If the court finds that the pre-nup does not adequately provide for both parties, then, it court goes on to part two of the test. Part 2 2. Is the pre-nup procedurally fair? What is means is: were all of the hoops jumped through. Were both parties represented by attorneys? Was the nature, meaning and effect of the pre-nup fully explained to both parties? Was there full disclosure of all of the property, all of the debts, and all of the income? Were the laws relating to separate property, community property, maintenance, and divorce fully explained to both parties? If the court finds that all of the hoops were properly jumped through, then, the court finds that the pre-nup is valid, and both parties have to live with it. If the court finds that all of the hoops were NOT properly jumped through, then, the court finds that the pre-nup is NOT valid, and is not binding upon either party.
Answer Applies to: Washington
Glenn E. Tanner | Glenn E. Tanner
In Washington, the key to an enforceable prenup is whether it was fair when it was entered into and whether it was entered into knowingly and intelligently.There are a number of factors to consider.The proper drafting of the agreement, it's execution, and the representation of both parties by different attorneys is key to the enforceability of the agreement.
Answer Applies to: Washington
Michael D. Fluke, P.A. | Michael D. Fluke
A pre-nuptial agreement is binding, but can really only be enforced upon filing for divorce. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
Answer Applies to: Florida
Law Office of Richard B. Kell | Richard B. Kell
In Massachusetts, Prenuptial Agreements are binding so long as they are reasonable, fair, and made with full disclosure of each party's assets. Much of the law governing prenupts is laid out in the case known as Dematteo vs. Dematteo. To enforce a prenupt, the Agreement must be submitted to the Probate and Family Court along with the Complaint for / Answer to Divorce.
Answer Applies to: Massachusetts
John E. Kirchner, Attorney at Law | John Kirchner
A valid marital agreement (pre or post marriage) is binding and enforceable unless and until a court rules that all or a portion of it is not enforceable. As a rule, the only way to "enforce" the agreement is in connection with a divorce case. It seems unlikely that there would ever be a situation where enforcement without a divorce would make sense, but theoretically there might be terms of the agreement that parties dispute while still desiring to stay married. In that case, a separate civil lawsuit for breach of contract might be appropriate.
Answer Applies to: Colorado