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Prenuptial Agreements are contracts entered
into between parties prior to marriage which, by and large, are
enforceable in the event of dissolution of marriage. It is not
uncommon for couples to enter into Prenuptial Agreements.
A valid Prenuptial Agreement is enforceable upon
showing that there was a fair and full disclosure between the parties
of their respective property rights. Each party must also have
the right to seek the independent assistance of an attorney with regard
to execution of a premarital agreement. The agreement must
be in writing and include two witnesses to its execution.
Prenuptial Agreements must meet a test of procedural
and basic substantive fairness. A Prenuptial Agreement may simply
confirm the rights of the parties under existing law or it may expand
the rights of the parties beyond rights specifically set forth in the
dissolution statute.
Youngquist Law Office has significant experience in
negotiating and drafting Prenuptial Agreements as well as interpreting
them in the context of dissolution of marriage actions. |