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30 Must Read Articles About Prenuptial Agreements

This is a collection of what I think are some of the best articles on the internet about prenuptial agreements. It’s well worth pouring yourself a large cup of coffee and working your way through this list of resources.

Legal Aspects

1. What To Cover In Your Prenup by Jeffrey Lalloway of the Orange County Divorce Blog. This is perhaps the most comprehensive list of considerations I’ve seen for what should go into a prenuptial agreement. It’s a three-part articles; be sure to check out part 2 and part 3.

2. Grounds to Challenge a Premarital Agreement by Alan Pearlman of the Chicago Family Law Blog. This article will make you aware of all the pitfalls you should avoid.

3. Drafting a Prenup by Lee Borden on Lawyers.com. This article sets out the basics about what you need to do to get a prenuptial agreement drafted.

4. Love and the Dotted Line by Brad Marcoux on DivorceMag.com. This article gives a good general overview of prenuptial agreements.

5. Defenses to a Prenuptial Agreement by Jeffrey Lalloway on Divorce Lawyer Orange County. This is what your spouse will argue when they don’t want the prenuptial agreement to be enforced.

6. Purposes for Prenuptial Agreements by Jeffrey Lalloway on Divorce Lawyer Orange County. This article gives some good ideas about what you may wish to include in your prenup.

7. Some Reasons for a Prenuptial Agreement by Jeffrey Lalloway of the Orange County Divorce Blog. This article gives a couple of reasons why many people should get a prenup.

8. Enforceability of Mahr by Jeanne Hannah of the Updates in Michigan Family Law Blog. Mahr are (religious) Islamic marriage contracts and whether civil family courts should enforce these is a difficult issue. In the future, I’ll be looking at this topic in more detail.

9. Statute of Limitations on Prenuptial Agreements by Daniel Clement of the New York Divorce Report. This articles sets out the New York law on when you need to enforce or contest a prenup – basically not until a divorce or annulment action is commenced.

10. The UK Legal Position on Prenuptial Agreements by John Bolch on the Family Lore Blog. Discusses why they are not legal in the United Kingdom and what proposals exist to change the law.

Legal Cases

Legal cases are important as they give an idea of how judges will interpret the law and also how they will decide similar situations. Some of these cases I will discuss in more detail in upcoming posts.

11. The Failure to Read and Understand a Prenup Does Not Invalidate It by Daniel Clement of the New York Divorce Report discusses the Stawski v Stawski case by the New York State Supreme Court, Appellate Division.

12. Duress & Undue Influence in Post-Nuptial Agreements by the Family Law Prof Blog discusses the In re Marriage of Balcof case by the California Court of Appeals.

13. Growth of Assets During Marriage Does Not Void Prenuptial Agreement by the Nirenstein Ruotolo Group of the Arizona Divorce and Family Law Blog discusses the Reed v. Reed case by the Michigan Court of Appeal.

14. Wife’s Bipolar Disorder Held not to Invalidate Prenuptial Agreement by Philip Bernstein of the New York Probate Litigation Blog discusses the Estate of Joseph Menahem case by the Kings County, New York Surrogate Court.

15. Husband’s Transfer of Separate Property to Wife Declared Wife’s Separate Property by Daniel Clement of the New York Divorce Report discusses the Selinger v. Selinger case by the New York State Supreme Court, Appellate Division.

16. No Presumption of Undue Influence in Post Marital Agreements Absent Proof of Unfair Advantage by the Family Law Prof Blog discusses the In re Marriage of Burkle case by the California Court of Appeals.

17. Failure to Plead Prenup is Failure to Plead Affirmative Defense and Bars Court Consideration of Agreement by Diana Skaggs of the Divorce Law Journal discusses the Homan v. Holman case by the Missouri Court of Appeals.

18. Maryland Prenuptial Agreements by James Gross of the Maryland Divorce Legal Crier discusses the Harbom v. Harbom case by the Maryland Court of Special Appeals.

19. Court Provides a Primer on Pre-Nuptial Agreements and Enforces a 40 Year Old Agreement by Daniel Clement of the New York Divorce Report discusses the Van Kipnis v. Van Kipnis case by the New York State Supreme Court, Appellate Division.

20. Waiver in Prenup Doesn’t Bar Request for Attorneys’ Fees by Alexander D. Nirenstein of the Arizona Divorce and Family Law Blog discusses the Kessler v. Kessler case by the New York State Supreme Court, Appellate Division.

Newspaper Articles


21. Preparing for a Broken Home by James Miller of the New York Times is one of the most thoughtful editorial pieces I have seen on prenuptial agreements (although I completely disagree with the author).

22. When A Prenup Isn’t An Option by Matt Woolsey of Forbes discusses alternatives to a prenuptial agreement.

23. I’ve been with my fiancee for five years; we’re getting married in July contains opinion on a person’s prenuptial agreement by Ask Ellie of the Chicago Sun-Times.

24. Real Estate Matters by Ilyce Glink of the Bend Weekly contain’s her opinion on a person’s prenuptial agreement.

25. Prenup Good for Kid Rock and You, Too by Bob Frese for the Hampton Union discusses prenuptial agreements from a financial advisor’s point of view.

26. Anxieties Surface as Couple Considers Tying the Knot by Linda Tucci of the Boston Globe discusses some of the financial considerations to take into account on getting married.

27. Farmers Demand Pre-nups in the Ireland Independent discusses a survey showing that farmers are generally in favor of prenuptial agreements to keep their farms intact.

28. Pre-nuptial Agreement not Romantic, but Essential by Susan Morris of the Pittsburgh Tribune-Review discusses the importance of prenups for second marriages.

29. New Study Promotes Prenuptial Agreements for Successful Marriages is a press release about a study by Heather Mahar of the Harvard Law School that showed a prenuptial agreement actually increases the chances of a marriage surviving.

30. When to Propose a Prenup by Diana Ransom of the Wall Street Journal discusses the situations when couples may wish to consider a prenuptial agreement.

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