FAQ - Is a Prenup Always Binding?

Is A Pre-Nup Always Binding?

No. A premarital agreement (or pre-nup) is
voidable at the election of a party who was
influenced by fraud, duress, or a lack of
disclosure of one's assets.

The courts are not quick to find "fraud" or
"duress," however. For example, to establish
fraud, it is usually not enough if one party says:
"my spouse said he (or she) wouldn't marry me
unless I signed this." We can discus with you
the ways to help ensure that your agreement
will be enforceable.

Overall, it is very important to disclose all of
one's pre-marital assets in writing prior to the
signing of a premarital agreement. It is also
important that one spouse avoid using undue
pressure to entice the other spouse to enter
into the agreement.

For more information: