For a prenup to be effective, both parties must have their own separate attorney.
One thing's for sure: It looks like both parties in this power couple could use a prenup!
In summary, in order for a prenup to be effective, both parties must have their own separate attorney.
For couples thinking at all about a written financial agreement, the more popular prenup is still a better bet.
Donald Trump, for example, updated his prenup with ex-wife Ivana twice during their marriage, until it ended in 1990.
Of course, if you are already married, a prenup is by definition not something you can draw up now!
FORBES: Divorcing Women: When You Earn More Than Your Husband
So, how do you bullet-proof a prenup to avoid future conflict over it?
Zuckerman , a New Jersey lawyer who remarried in 1999, did not think of getting a prenup at the time.
Similar to a prenup, a postnup is a contract between husband and wife, but it is entered into and signed after the wedding.
FORBES: What Would Monica Geller Say About Courteney Cox's Divorce Strategy?
For instance, if your prenup states no child support whatsoever will be paid in the event of a divorce, it is likely to be thrown out.
If either or both of the individuals own businesses, a prenup could protect those businesses, not to mention the lives of any employees relying on those businesses.
In other words, the prenup could be invalidated if the agreement is too lopsided, with one party awarded almost everything and the other receiving only a pittance.
To lighten the gravity of of all that, read Not the Royal Wedding: the Prenup Agreement in Full by John Crace over at the Guardian.
And don't even start on the thicket of prenup issues.
WSJ: Legal Hassles of Global Love Affairs | WSJ.Money Summer 2013
The process of drafting a prenup can be enormously complex, so give yourself plenty of time to carefully consider it, along with other options to divorce-proof your assets.
"At the end of the day, if a judge is looking at a prenup and it's completely one-sided, it's not going to fly with the court, " Ms. Petrakis says.
Seeking a wider division of assets may be tempting for Holmes no matter how tight the prenup and whether her New York strategic filing sticks or gets bumped to California.
FORBES: Three C's In Katie Holmes Tom Cruise Deal: Custody, Cash And Church
There's no doubt Perelman is a man who takes his prenuptials very seriously: He refused to attend the wedding of his eldest son, Josh, because the bride didn't sign a prenup.
Keep these conditions in mind, not only if you are trying to get out of a prenup you now believe to be unfair, but also if you are thinking about signing one.
By using a prenup, both parties can decide in advanced what property will be considered separate property, what property will be considered marital property and how that marital property should be divided.
That changed in October last year, when a Supreme Court ruling upheld a German heiress's prenup against a challenge from her ex-husband, who claimed he hadn't realised that it was unfairly one-sided when he signed it.
ECONOMIST: Ending a marriage is horrid. Insurance might ease the pain
Issues of dueling star power are also swirling around the ongoing divorce of Academy Award winner Reese Witherspoon and her husband of seven years Ryan Phillippe, The pair, who met and married in 1999 before either was an A-list star, apparently never signed a prenup.
应用推荐