The Bulletproof Prenup

First the bad news.  There is no such thing as a bulletproof premarital agreement.  It is a fantasy that clients have based on the movies and tv.  No one can guarantee your prenup will hold up in court or that some judge somewhere will set it aside.

Now the good news.  There are some things you can do to improve your chances that your prenup will withstand a challenge.  Among the first and most important of these is disclosure.

Disclosure means that each party reveals their financial condition, that is income and wealth, to the other.  The way to evidence this is to attach detailed financial statements to the prenup.  If you fail to make a complete disclosure, your spouse may say he or she never would have agreed to the terms of the prenup if they had known your true financial condition.  And this might be grounds for a court to invalidate the prenup.