How to Show that the Prenup Wasn’t Forced

A premarital agreement (prenup) isn’t enforceable against a party who didn’t enter into it voluntarily. Fam C §1615(a)(1).  Here’s how you can ensure that a question of duress won’t derail your prenup. To deem a prenup voluntarily executed, courts will look to the following factors (Fam C §1615(c)): Each party had independent counsel involved or expressly waived it. Make sure that the party against whom enforcement is sought was represented by independent legal counsel when the agreement was signed or, after being advised to seek independent legal counsel, expressly waived, in a separate writing, representation by independent legal counsel. Each party had a week to mull it over. The party against whom enforcement is sought must have at least 7 calendar days between the time that party was first presented with the agreement and advised to seek independent legal counsel and the time the agreement was signed. See Marriage of Clarke & Akel…

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