Prenuptial Agreement

A prenuptial agreement is a financial contract entered between the parties prior to marriage.  Prenuptial agreements differ from the Postnuptial agreements in several ways, but the main difference is the timing of the agreement.  Postnuptial agreements are entered into after the marriage whereas prenuptial agreements are entered prior to marriage.

In order to be enforced by the courts, the prenuptial agreements have to satisfy or pass the three prong test.  If the court finds that the agreement fails to pass all three elements or prongs of the test, it may declare the agreement invalid and inadmissible as evidence.

Therefore it is crucial that you consult a knowledgeable attorney  before entering into a prenuptial agreement.

The courts are biased against men when it comes to reviewing the enforceability of a prenuptial agreement.  Because more often than not it is the wealthier groom to be who wants to protect his hard earned assets from getting divided in case of a divorce.  This is especially true when a man marries a woman from a foreign country.  Even more crucial if the foreign woman is not fluent in English and her attorney, who reviews the agreement, is not fluent in English or in the woman’s native language.

It can be very costly if the prenuptial agreement is found to be unenforceable; because if that happens, the wealthy party has to either settle the case out of court, paying out a large settlement, or bring all his separate assets before the court for the judge to decide how much of the separate assets should go to the wife.

Women, despite all the laws and rights given, are still deemed to be the disadvantaged gender when it comes to divorce and assets division.  Therefore it is very important that you contact Celebi Law for a free consultation before entering into a prenuptial agreement.

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