Family Law Blog

Enforcing the Antenuptial Agreement

Jul 20, 2017 by Paul B. Hervey

A party seeking to enforce an antenuptial agreement (“prenup”) must prove to the court that the agreement is indeed enforceable.

Amongst many factors, it must be shown that both parties signed the agreement just like they would sign a deed for real estate. That means attorneys cannot sign on behalf of their clients. It is recommended that each party have their own legal counsel. In fact, the same attorney, by law, cannot represent both individuals in a prenup.  Participants in the marriage must each sign the agreement individually and it must be properly witnessed and notarized.

Failure to follow these rules puts the parties at risk of having all of their hard work in preparing the agreement become null and void. If there is ever a fight over the document down the road, you will want to make sure it is legally binding prior to any scrutiny by the courts.

Need help drafting an agreement for your upcoming nuptials? Contact Paul Hervey for legal counsel: pbhervey@dayketterer.com or 330.455.0173

NEXT WEEK: When is the best time to sign a prenuptial agreement? 

The content of this blog is for informational purposes only and is not intended as legal advice for any purpose. This blog is not intended to present an exhaustive summary of all applicable laws, or to take the place of legal advice.  If you have any questions regarding the law, please contact us for assistance.