The enforceability of a prenuptial agreement depends on several factors and varies from jurisdiction to jurisdiction. Generally, to assess the enforceability of a prenuptial agreement, you should consider the following:
1. Voluntary Consent: Both parties should have entered into the agreement voluntarily, without any coercion, duress, or fraud.
2. Full and Fair Disclosure: Both parties must provide a complete and accurate disclosure of their assets, debts, and financial information.
3. Independent Legal Representation: Each party should have had the opportunity to consult with their own separate attorney before signing the agreement. If one party waives the right to legal representation, it may impact enforceability.
4. No Unconscionability: The terms of the agreement should not be extremely unfair or heavily one-sided to the point of being unconscionable.
5. No Invalid Provisions: The agreement should not violate any laws or public policy.
6. Execution Formalities: Ensure that the agreement was executed properly, meeting all legal requirements in your jurisdiction.
7. Timing: Some jurisdictions like Illinois, may have specific rules regarding the timing of when the agreement was signed concerning the wedding date.
