A growing number of state courts are tightening the standards for enforcing prenuptial agreements, requiring more robust evidence of voluntary execution and full financial disclosure. The trend reflects concern over power imbalances at the time of signing.
Family law practitioners now recommend that both parties retain independent counsel and exchange comprehensive financial statements at least 30 days before the wedding date to ensure enforceability.
Courts in California, New York, and Illinois have recently invalidated prenuptial agreements where one party demonstrated coercion or where significant assets were omitted from disclosure schedules.
