Nuts and Bolts of Enforceable Prenuptial Agreements - Part 2
In part two of a two-part series published online in Family Lawyer Magazine, Atlanta-based Partner David Matthews offers a deep dive into the nuts and bolts of drafting enforceable prenuptial agreements.
Matthews suggests four key steps to follow to draft enforceable agreements: determine whether your state recognizes enforcement of prenuptial agreements, ensure the agreement is procedurally and substantively fair, provide a full disclosure of all assets, and avoid the argument of unconscionability.
"In sum, if your state recognizes and enforces prenuptial agreements, you must do everything in your power to avoid any appearance of fraud, distress, mistake, misrepresentation, or nondisclosure," Matthews concludes. "Take the high road and make an over disclosure of assets. Holding back will only hurt your client down the road. Moreover, make sure that the other side has adequate representation. Nobody likes paying two attorneys, but if your client has the assets to warrant a prenuptial agreement, the cost of an attorney on the other side to consummate the agreement is de minimus."
For the full article, click here.