In order to be assured that the pre-nuptial agreement you negotiate will withstand attack in the future when a divorce acrion is commenced, there are certain standards that must be met. In the first instance, you should never recommend an attorney to your spouse to reprersent him or her. The selection of an attorney must be made by your spouse independently.
Thereafter, the most important element to make certain that the agreement is insulated from attack is full financial dislosure. Where there is a question as to the fair market value of an asset, it is far better to over estimate the value than setting a lower price. The reason is apparent. With the higher value, the other spouse cannot complain that assets, or the value of assets,were being hidden by a fraudulent evaluation.
There are normally several grounds that can be used to attack a pre-nuptial agreement, and include fraud, coercion or duress to sign the agreement, and unfairness or unconscionability. A pre-nuptial agreement that will fall within these grounds will surely be set aside. Fairness and full financial disclosure will win the day.
