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Not all prenuptial agreements are valid, so check yours

Prenuptial agreements are a great idea for couples who are getting married. You felt so strongly about having one that you asked your spouse to sign one, too. Now that you're getting a divorce and have one of your own, you want to make sure it will hold up in court.

There are a few things you should know about a prenuptial agreement that can help you know if it's going to stand in court. For example, the fairness of the prenuptial agreement matters. In most states, both parties are expected to disclose all their assets, and both people must have had their own attorneys before signing.

Of course, the circumstances of the prenuptial agreement matter, too. If you asked your spouse to sign the night before your wedding, the judge may not look fondly on that action. Be sure to give the other party plenty of time to review the documents and to get legal assistance. That simple action gives your prenuptial agreement more standing power.

Finally, remember that you can set the terms for alimony in a prenuptial agreement, but the judge still has to know that it's fair. If there have been significant changes since the initial terms were made, then the judge may invalidate this portion of the agreement. Be certain that you address any major changes in income and looking into whether or not the terms for alimony are currently fair to your spouse.

These are a few things to think about with a prenuptial agreement in place during a divorce. Your attorney can help you review yours and see how binding it really is.

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