Although there is no guarantee that a prenup will be enforced in the future if disputed in divorce litigation, it is becoming less and less common that they get “thrown out” if both parties entered the agreement willingly and with full disclosure of assets. In order for a prenup to be “thrown out” by a judge, divorcing parties would need to be engaged in pending divorce litigation. A prenuptial agreement is effective in avoiding divorce litigation, because it acts as a layer of protection in the way of setting expectations prior to entering a marriage.

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