Prenuptial Agreements - Divorce Law Information

In general, prenuptial agreements are signed by persons previously married who intend to protect family wealth or who wish to pursue a career. Couples that have little property and a modest income at the time of marriage do not need to consider a prenuptial agreement. On the other hand, a prenuptial agreement helps a couple promote financial planning and to consider a range of topics before marriage.

In order for a prenuptial agreement to be legal it must be written and signed by both parties voluntarily. Some states require a witness or a notary public to acknowledge the agreement. An attorney is not necessary for a prenuptial agreement to be signed, however, the attorney will bring attention to various issues to consider and the best way of dealing with problems. Prenuptial agreements not created by an attorney can be subject to questions of whether both parties entered the agreement freely and voluntarily.

A prenuptial agreement should be signed before the weeding invitations are sent out. The more time between when the prenuptial agreement was signed and the marriage shows that the agreement was voluntary by both parties.