Hajek & Beauclaire LLCExperienced Minnesota Law Firm
We Can Help, Call Today
952-373-0121
Our Practice Areas

Will my prenup hold up in court? 6 questions to ask.

Determining whether or not your prenuptial agreement will stand up in court is not complicated if you take time in advance to make sure it follows some important guidelines. The first, and most important, thing to remember is that the agreement needs to be in writing and it needs to be notarized. In addition to this major requirement, the courts will need to determine the following facts.

  1. Was the signing coerced? Both parties need to have signed the agreement willingly, without fear or feeling pressured to do so.
  2. Did both parties read it? Asking that the agreement is signed without one of the parties reading it invalidates the agreement. Both must be completely aware of what they are agreeing to in advance. You cannot rush your spouse into signing an agreement.
  3. Does the prenup include illegal content? You cannot include items in a prenuptial agreement that violate state law. For example, foregoing alimony during a divorce is okay because the party affected by it signs the agreement. However, by law, both parents are liable for a child's care, so you cannot decide to forgo child support.
  4. Were both parties honest? If one party doesn't reveal all of their assets or lies about their value, the agreement can be considered void.
  5. Did the parties share a lawyer? Conflicts of interest can arise if both parties are represented by the same counsel.
  6. Is the agreement fair? Finally, the courts will consider if the agreement is fair. For example, an agreement that leaves one person destitute after spending years contributing to the marriage would be considered unfair. The courts will take into consideration what an individual needs to live and may modify the agreement to reflect this.

Final thoughts

If both parties took the time to read and agree with the terms of the prenuptial agreement, and the agreement was entered into willingly and with total disclosure by both parties, the basics have been fulfilled. A final check of the agreement to verify it meets all legal aspects should be completed, and both parties need to sign and have the paper notarized. Only when all these conditions have been met can you be fairly assured of an agreement that will hold up during divorce.

No Comments

Leave a comment
Comment Information

For effective representation on a wide range of legal issues, turn to Hajek & Beauclaire LLC, for representation that always puts your interests first.

To schedule a consultation, please complete the form or call 952-373-0121

Contact us To Get Started

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us Today
Hajek & Beauclaire LLCExperienced Minnesota Law Firm

601 Carlson Parkway
Suite 1050
Minnetonka, MN 55305

Phone: 952-373-0121
Fax: 800-405-4530
Map & Directions

Hajek & Beauclaire LLC