As is the case for most state legislation, requirements for prenuptial agreements are based on an individual state’s law. Your prenuptial agreement must comply with the laws of your state.
Some common trends among many states regarding prenuptial agreements include:
Disclosures – The parties may have to provide complete and accurate disclosures about their respective income, assets, and debts.
Written – Generally, a prenuptial agreement should be in writing and signed by both parties. It should be straightforward and easy to understand.
Fairness – Courts may not enforce an agreement that is obviously one-sided and unfair. Courts may also consider whether the circumstances surrounding the prenuptial agreement were unfair, such as asking a bride/groom to sign it immediately before the wedding — ‘or else.’ Additionally, courts may examine the substantive information included in the prenuptial agreement for fairness.
Legal Representation – You are not required to be represented by an attorney. However, if you choose to hire an attorney, you and your fiancé cannot share the same lawyer. Even if you choose not to hire counsel, the court may still enforce the prenuptial agreement if you and your spouse had the opportunity to consult with a lawyer and simply chose not to.
Free from Fraud and Duress – If a prenuptial agreement is the result of fraud or coercion/duress, it may be invalid.
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