Disclosure of Assets and Liabilities
Disclosure of your assets and liabilities, and those of your intended spouse, is one of the most critical aspects to ensuring enforcement of your prenuptial agreement.
There is no divorce court in the United States that will uphold the terms of a prenuptial agreement, no matter how skillfully written, if the parties failed to disclose their assets and liabilities, and failed to waive their rights to disclosure.
At minimum, a prenuptial agreement must contain a detailed personal financial statement for each of the parties as well the parties’ most recent tax return.
Some states require specific disclosures and most states allow waivers to further disclosure beyond what has been provided, waivers to mandatory disclosure, and waiver to discovery rights.
It is therefore important to provide a detailed and comprehensive disclosure of your assets and liabilities and to also include a waiver to specific and mandatory disclosure as well as a waiver of discovery rights.