Prenuptial Agreement

By: Martin M. Shenkman, CPA, MBA, JD

An agreement entered into by a couple before they marry delineating economic arrangements for the marriage, if the marriage does not succeed, and for other circumstances. While the laws vary considerably from state to state, to have a prenuptial agreement respected by the courts, both husband and wife to be should have their own attorneys. The agreement should not offend public policy. It should be signed well in advance of the marriage (to avoid implications that one party signed it under the stress/threat that the imminent marriage might be called off). There should be full disclosure of all significant financial data by both parties.

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