In considering a Pre-Nuptial Agreement, one should contemplate not only his/her desires regarding financial affairs, but the effect the agreement itself, and the negotiations surrounding it, will have on their future relationship with their betrothed.  Sometimes, discussion of the proposed agreement can create undesirable tensions in a relationship.  On the other hand, laying ones cards on the table and frankly discussing the financial underpinnings of the marriage in advance may make the relationship stronger.

We recommend that any Pre-Nuptial Agreement should be discussed and completed well in advance of the actual wedding ceremony so that each party will have the opportunity to soberly and rationally make the choices and decisions necessary to his or her best interest. 

An agreement which is entered into on the eve of the marriage may later be subject to claims of coercion or undue influence and its validity could be challenged in court. We recommend that each party have the agreement reviewed by an independent attorney of his/her own choosing, because, depending on the terms of the agreement, it could have a very substantial effect on the individual rights of each party during the marriage and in the event of a subsequent divorce.  In fact, new laws went into effect in 2002, which call into question the enforceability of any prenuptial agreement as against a party who did not have his or her own independent counsel when the agreement was signed.

We regularly assist clients in the preparation or review of pre-nuptial agreements.  We can also suggest the names of other counsel to be consulted by the client’s future spouse.