Does a prenup just protect what he had before the marriage?
Full Question:
Answer:
Generally, in order to uphold a prenuptial agreement, it must be fair and not the product of duress or coercion. Some of the factors that will be considered include whether there was full disclosure of assets, whether the parties had an opportunity to obtain independent review by
an attorney, and how close the agreement was signed prior to the marriage ceremony.
Generally, the language above says that the assets owned by each party before the marriage remain separate property after marriage, and if that property is sold after the marriage, the money received and new property purchased with the proceeds remain separate property, unless one party decides to make a gift to the other, such as by adding the other's name to the deed. An Entire Agreement clause is designed to prevent verbal promises not included in the written agreement from being considered.
I am prohibited from giving legal advice. I very strongly suggest you contact a local attorney before the ceremony who can advise your daughter based upon all the documents, facts and circumstances involved.
