This means that if the agreement is signed by one spouse under duress or threat from the other spouse, and not of his own free will, then the agreement may not be enforceable. The other requirement for antenuptial agreements is that each party must fully disclose his assets in writing. Each party typically attaches a schedule of assets as an exhibit to the agreement. This practice helps to clear up any misconceptions either party may have regarding the extent of the other party's assets. Under these two conditions, an antenuptial agreement is enforceable like any other contract.
Antenuptial agreements are enforceable, however, only as they effect the rights of the two spouse.
An antenuptial agreement cannot determine the custody of minor children in the event of divorce, or the amount of child support necessary for the minor's care and maintenance. These decisions are left to the discretion of the judge, and provisions of this type in an antenuptial agreement are not enforceable. So, if you are planning a wedding and thinking you may need an antenuptial agreement, begin discussing the issue with your dearly beloved early so that you have plenty of time to come to a clear understanding. If you are planning a wedding and do not think you need an antenuptial agreement, hot pink is definitely out for bridesmaids, and I suggest a stay at the Victoria House, Ambergris Caye, Belize, as your honeymoon destination. Stacey Perkins Stracener is an associate with the Wright Law Firm in Jackson.