Legal Question in Family Law in New York
Prenup without Legal Representation
My fiance and I are planning to write up our own pre-nup using a standard agreement, and then we'll get it notarized and witnessed. Will this stand up in court, given that there will be no attorney's representing either of us?
1 Answer from Attorneys
Re: Prenup without Legal Representation
For a pre-nup to be valid, it must be deomnstrated that both parties were fully aware of their rights in the event of a divorce and prospectively aware of what they are surrrendering under the law. This is proven by having each side represented by competent counsel knowledgable of the law in this area. Absent this, you have a written agreement which does not prove that either party understood what rights they were waiving and is therefore potentially invalid.
If you have enough assets to worry about a pre-nup, the legal costs of making sure that it is valid are negligible.
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