4 ms·
IANAL, but this is how one explained it to me: Varies by state in the U.S., but basically, the longer you are married, the less binding the prenup. Married for
by yanowitz 16y ago
IANAL, but this is how one explained it to me: Varies by state in the U.S., but basically, the longer you are married, the less binding the prenup. Married for 8 years with two kids and the judge can just ignore the prenup. Married 1 year, no kids, prenup matters.
- rprasad 16y agoWhether a prenup can withstand a challenge depends on the circumstances surrounding the creation and execution of the prenup. State laws vary on what is necessary for a valid prenup. The length of marriage is irrelevant to the viability of the prenup. The existence of offspring is likewise irrelevant. A judge cannot ignore a prenup for circumstances that come about after the prenup is signed. However, judges can and do use any technical or substantive problems with the prenup, however small, to justify striking down inequitable prenups. The usual problem: the wealthier spouse did not disclose all financial assets and liabilities. Something as simple as not disclosing a checking account with a $0.01 balance can invalidate a prenup protecting millions. (IAAL)