What makes a Prenuptial Agreement enforceable?
In New York, courts generally enforce prenuptial agreements, so long as both parties have entered into the contract voluntarily, without fraud or duress and that they are signed and notarized by both parties prior to the marriage. It is critical that both spouses have independent representation under the prenuptial agreement even though the more moneyed spouse may provide for the legl counsel of the less moneyed spouse. The cornerstone of a valid prenuptial agreement is full, accurate, and timely disclosure of all assets and liabilities: spouses do not need to share equally but they must fully and honestly disclose. Thereafter, the spouses' attorneys negotiate and resolve any open items under the prenuptial agreement and make sure that it is not unconscionable in nature.