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REMEMBER THIS

  • Prenupital agreements are generally legal, but in order for the agreement to be valid, it is important that the parties:
    • disclose their assets and income to each other, or explicitly waive full disclosure;
    • clearly understand the agreement and what they are giving up;
    • and have sufficient time to consider the agreement and not be placed under duress to sign the agreement.

  • Having lawyers represent each party is not absolutely essential, but representation of each party makes it more likely that the parties' needs will be met and that the agreement is valid.


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The American Bar Association Guide to Marriage, Divorce & Families
Copyright © 2006 American Bar Association