What are the elements of an effective prenuptial agreement?

A prenuptial agreement defines the duties and rights of the spouses during marriage and upon divorce or death.  Since an antenuptial agreement is a contract, it must contain all of the elements of an ordinary contract, such as contractual capacity.  In order to be valid, an antenuptial or a prenuptial agreement must have the following five elements:

1. The contract must be in writing;
2. It must be entered into voluntarily;
3. There must be fair and/or full disclosure when the parties execute the agreement;
4. The terms must not be unconscionable or unfair; and
5. The parties mut execute the contract in the presence of a notary public.

The contract must have been entered into freely without overreeaching, unequal bargaining power, coercion, duress, or fraud.  Both you and your partner must have a complete understanding and knowledge of the extent, value and nature of one another's property.  The terms of the agreement must not encourage or promote divorce or exploitation by divorce.

Talk to a Family Lawyer about getting a prenup drafted to ensure it is enforeceable should you ever need it.