Below are some of the execution requirements of a prenuptial agreement:
- The agreement must be in writing, but not on a cocktail napkin Mr. Spielberg, and it must be witnesses.
- Recording: some jurisdictions require prenuptial agreements to be recorded or recorded in an area where real property is owned by one of the parties’.
- Ample time must be allowed to review the agreement. For example: the state of California requires a party to have the agreement in hand not less than 7 days before signing. A prenuptial agreement presented close to the wedding date will be unenforceable under the rules of duress. When a prenuptial agreement is presented on the eve of the wedding it is clear that the person presenting the agreement was either scared that there would be great opposition to the agreement or that the presenter intended to force the matter.
- Evidence that both parties read the agreement.
- Evidence that the contesting party was represented by independent counsel.
- Acknowledgement of disclosure of assets and liabilities of the other party.
- Waiver to additional disclosure.
- Acknowledgement that the agreement was signed voluntarily.
- Waiver of rights to community property.
- Waiver of rights to spousal support.
- Acknowledgement of absence of fraud, verbal promises, coercion, etc.
- Acknowledgement of an absence of legal advice from the other party.
- Acknowledgement of understanding the agreement, its seriousness and effect.
- Acknowledgement of understanding the effects of surrendering inheritance rights, rights to equitable distribution, community property, etc.
- Acknowledgement of not being intoxicated or under the influence of drugs at the time of execution.
- Acknowledgement of having given the matter mature, intelligent, and reasonable thought.