Whether a prenup can withstand a challenge depends on the circumstances surrounding the creation and execution of the prenup. State laws vary on what is necessa

Whether 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)