What is a legally enforceable prenuptial agreement?
A prenuptial agreement outlines the spouse s rights in the event of a divorce. In order for such an agreement to be legal and enforceable, each party must have independent counsel, each party must fully disclose his or her assets and income as to the date of the agreement, and the agreement cannot be so one sided as to shock the conscience of the court. The purpose of a prenuptial agreement should not be to furnish one spouse with an advantage over the other. Instead, it should be used as a means of addressing what may be a complicated issue in an inexpensive and fair manner.
Related Questions
- A prenuptial agreement saying that the healthy spouse does not have to pay for the nursing home care of her institutionalized spouse is not enforceable when an application for Medicaid is made. Question 6: How much income can I make and qualify for Medicaid?
- What requirements must be met for a prenuptial agreement to be held valid and legally enforceable?
- Is the mediated agreement legally enforceable?
