What is necessary to make a prenuptial agreement valid?
Ordinarily, and depending on state law, there must be full disclosure of each of the parties’ assets, so that each prospective spouse will know what they are giving up and what they would have been entitled to if no agreement was entered into. While it is not strictly necessary for the parties to have separate attorneys, or to be represented at all, it is strongly recommended that each prospective spouse have their own lawyer. Often, prenuptial agreements will be declared invalid by a judge because of fraud, duress or coercion; when each party is represented, the likelihood of the agreement withstanding such an attack is greatly improved.
