Quote:
Originally Posted by Kurt V
I have done a number of these. Pre-nups (or antenuptial) agreements are the most misunderstood and easiest to screw up cases for attorneys and clients alike. Prenuptial agreements have certain requirements. Generally, they are as follows:
theree is a full and fair disclosure of the earnings and property of each party, and the parties have had an opportunity to consult with legal counsel of their own choice.
As a general rule, the agreement must also be:
in writing;
executed in the presence of two witnesses; and
acknowledged by the parties before a person authorized to administer an oath (notarized).
In most cases prenuptial agreements are upheld. It is only in cases where theree was not full disclosure or the agreement becomes substantively unfair at the time of the divorce that Court's strike down the validity of such agreements. An agreement may deemed substantively unfair if the circumstances on which the agreement was based have changed so drastically that enforcement would not comport with the reasonable expectations of the parties at inception.
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Thanks Kurt, so this is a lawyer thing... bummer because I was hoping it could be done quick and easy... any idea what I should expect to pay for a lawyer to do the prenup? Is there a particulate type of layer I should look for?
And to all you cynical dogs out there, I have been around the block a few times and can tell when I'm being conned or lied to.