Q: My wife and I signed a prenuptial agreement before we were married eleven years ago. At the time, I didn’t disclose all of my assets. Is the agreement still valid?
A: Shame on you! Failure to disclose all of your assets may invalidate the agreement.
Generally, prenuptial agreements are enforceable as long as the requirements are met but if you are the one who failed to disclose, it’s your Bad and the document won’t help you.
You should have the agreement reviewed by a matrimonial lawyer to make sure it is otherwise valid and take steps to amend the disclosure as soon as possible to correct the problem.
You might also consider “re-negotiating” the contract as a way to make things right.
If your marriage is rocky (and I suspect that might be why you are asking the question) you can also negotiate an Agreement In Anticipation of Divorce as a way to save litigation costs.
And see a good lawyer!
Kenneth B. Breese
