A Warning About the Prenuptial Agreement
Key Points
  • Prenuptial agreements must provide some type of continuing support for the other spouse and/or children. An agreement that is designed to leave a spouse in absolute financial dire straits is typically questioned and may become wholly or partially unenforceable.
  • It is best practice to execute the Prenuptial Agreement well in advance of the the actual wedding day. An agreement signed on the wedding day could be easily argued unenforceable on the basis that it was signed under duress.

A few caveats about prenuptial agreements are in order. While some dimensions of marriage are off limits (child support, for example), care must be taken in the execution of a prenuptial agreement. While UPAA "makes it harder to contest a premarital agreement, [l]aws in other states vary significantly." Generally, however, successful challenges of prenuptials happen when a spouses proves unconscionability, coercion, or incomplete disclosure of assets.

An unconscionable agreement is one that is so one-sided "as to be grossly unfair to one of the parties," such as one "in which a spouses waives his or her rights to any and all alimony, child support, maintenance or property."

Spouses have contested agreements they claimed they signed under duress. In particular that means that the signing spouse must have time to consider the rights she is giving up. In other words, a prenup signed the day of wedding is more likely to be challenged that one signed three months in advance. According to Frederic Siegel of Fitzmaurice and Siegel of Stanford, Connecticut, "some couples actually videotape the signing of the document, so if the prenup is challenged, there’s evidence both sides knew what they were doing." Even under UPAA, "a prenuptial agreement must been signed and entered into voluntarily." Lawyers are very creative in arguing coercion or duress. "For example, once invitations are sent, it can be argued that a spouse’s insistence on a prenup puts the other party in the position of either accepting the agreement or facing the embarrassment of canceling their wedding." Duress is a dimension of fairness. Fairness includes, not only sufficient time to consider the ramifications of the prenuptial agreement, but also time to consult an independent attorney for a legal opinion. Both parties must completely disclose all of their assets.

Useful Online Tools
  • Divorce Online - With this online software you will complete and instantly print your divorce forms and step-by-step filing procedures to file your own divorce in a timely, professional, and hassle free fashion.
  • Online Separation Agreements - When you and your spouse agree about how to resolve your issues, 3StepAgreementTM puts you in charge and gets everything in writing.
  • Divorce Negotiation Online - You will be surprised how easy it is to resolve your disputes through our innovative Divorce Negotiation CenterTM. It's FREE. Give it a try.

Recent Related Blog Posts
    All Divorce (General) Blog Posts

Suggested Reading
The Complete Guide to Divorce The Complete Guide to Divorce
You Must Have this Guide to Have a Successful Divorce! This book supplies the information you'll need to evaluate the strengths and weaknesses of your situation, ultimately allowing you to make better decisions before, during and after your divorce.

Download Now

Related Article Archives
Court Procedures
General Divorce Issues
    All Article Archives

Related Categories
Contemplating Divorce
Divorce Laws
Divorce Negotiation
    All Categories
Related Forums
DIY Divorce
General Issues
    All Forums

Resources & Tools

Bookstore Promotion Discount

Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.
DIVORCE SETTLEMENT – Courts normally push the divorcing spouses to settlement because litigation between spouses antagonizes the parties, harms the children and drives up costs.
Start Divorce

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:


Men's Book Men's Rights Manual for Divorce

Men's Rights Manual for Divorce

Men's Rights Manual for Divorce


Women's Book Women's Rights Manual for Divorce

Women's Rights Manual for Divorce

Women's Rights Manual for Divorce


Featured Download The Limits of Discovery During Divorc

The Limits of Discovery During Divorc

The Limits of Discovery During Divorc

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site