What are prenuptial agreement laws? 24 Answers as of August 24, 2011

Are pre-nup agreements binding or can one party simply ignore the agreement? and what can be done to enforce the pre-nuptial? thank

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Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
The court will enforce a valid prenuptial agreement in the context of divorce proceedings.
Answer Applies to: Washington
Replied: 8/24/2011
Law & Mediation Office of Jeffrey L. Pollock, Esq.
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
Replied: 8/22/2011
Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | Roianne Houlton Conner
A prenup is enforced during a divorce proceeding. If there was not full disclosure of assets and debts and if both parties did not have their own attorney the prenup could be set aside by the Court.
Answer Applies to: Alabama
Replied: 8/19/2011
Beaulier Law Office
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
Replied: 8/18/2011
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
Not easy questions to answer online. You need to pay for a consultation with an attorney as a lot more information is needed to answer your questions.
Answer Applies to: Michigan
Replied: 8/18/2011
    Law Office of Patricia Van Haren
    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
    Replied: 8/18/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    They are enforceable. You have to file an action in District Court to get them applied.
    Answer Applies to: Utah
    Replied: 8/18/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    A well-drafted prenup by a lawyer will likely be enforceable. A do it yourself one likely is as valuable as used toilet paper.
    Answer Applies to: Georgia
    Replied: 8/17/2011
    Fredric H. Aaron, Attorney at Law, P.C.
    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
    Replied: 8/17/2011
    Bagwell Holt Smith Jones & Crowson, P.A.
    Bagwell Holt Smith Jones & Crowson, P.A. | John G. Miskey IV
    Pre-nuptial/premarital agreements that are properly executed are valid and enforceable just like any other contract. There are specific limitations so speak with an attorney.
    Answer Applies to: North Carolina
    Replied: 8/17/2011
    Law Offices of Arlene D. Kock
    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
    Replied: 8/17/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    Binding but may be challenged at the time of enforcement.
    Answer Applies to: California
    Replied: 8/17/2011
    Law Office of Michael W. Bugni
    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
    Replied: 8/17/2011
    Glenn E. Tanner
    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
    Replied: 8/17/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    Whether a prenuptial agreement is enforceable depends upon the same factors used to determine whether any contract is enforceable
    Answer Applies to: New Jersey
    Replied: 8/17/2011
    Michael D. Fluke, P.A.
    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
    Replied: 8/17/2011
    Law Office of Richard B. Kell
    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
    Replied: 8/17/2011
    John E. Kirchner, Attorney at Law
    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
    Replied: 8/17/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If the premarital agreement was properly done and signed, then it is valid. However, the issue is to make sure that it was done properly.
    Answer Applies to: California
    Replied: 8/17/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    If a prenuptial agreement was executed in accordance with the law, then it is enforceable.
    Answer Applies to: California
    Replied: 8/17/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    Valid prenuptial agreements are enforceable and should be upheld by the court in the event of a divorce. If the disagreement is during a marriage, it may be enforceable in civil court as a contract.
    Answer Applies to: Arizona
    Replied: 8/17/2011
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