Friday, May 11, 2012
Divorce Attorney Bergen County: Prenup 101: part 2- enforceability
Its important that both parties fully disclose their circumstances in the prenup and in the attached statement of assets. If someone is not honest or forthcoming in this process, the contract may be unenforceable.
In determining whether or not to honor a prenuptial agreement, the court will consider whether the process for coming to it was fair. If either party unfairly manipulated the process, the contract may not be honored.
For this reason its wise to consult an attorney in creating the prenuptial agreement. Ultimately, the contract is yours and the two of you must agree to it together and have it notarized for it to be valid.
Eric Aretsky has been practicing law in Bergen County since 1991. After earning his Juris Doctorate from New York Law School in 1990, Mr. Aretsky served as a judicial law clerk for the Honorable Conrad W. Krafte (Retired)
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