Full question:
My daughter signed a prenup and has no clue what it means. She had no lawyer. She signed it on Monday and marriage is Saturday. Jeff said he is actually being smart about this because IF he doesn't have it done, his father will cut him out of his will and that will leave us with no extra money when he does pass away. He said, when we sell this house and buy and new one, I have 1/2 ownership to the new house, and anything we buy together from this point on, is 1/2 mine! As for the car, that is in his name, he told me he would never keep it from me if something horrible did happen, he would just make me take over the payments! This agreement just protects what he had before me, correct?
- Category: Marriage
- Subcategory: Premarital Agreements
- Date:
- State: National
Answer:
To be enforceable, a prenuptial agreement must be fair and not made under pressure. Key factors include full disclosure of assets, whether both parties had a chance to consult with a lawyer, and how close to the wedding the agreement was signed.
The prenup typically states that assets owned before marriage remain separate property after marriage. If those assets are sold, the proceeds and any new property bought with them also remain separate unless one party gifts the other by adding their name to the deed. An Entire Agreement clause prevents any verbal promises not included in the written agreement from being considered.
Since your daughter signed the prenup without legal counsel, it’s crucial for her to consult a local attorney before the wedding. They can provide advice based on her specific situation and the documents involved.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.