Estate Planning Meets Divorce: What Makes a Prenup Hold Up in Court

You can write a prenup that says anything. Getting a court to enforce it is the whole game. In the second part of our two part crossover with the No Judgement Podcast, estate planning attorney John Sauter and senior litigation partner Wil Halaz pick up where they left off and walk through what actually makes a prenuptial agreement hold up: reasonableness, consideration, time to review, and the terms a judge will simply throw out. They also settle the question almost everyone gets wrong, why keeping a separate bank account does not keep your money separate, and why a trust sometimes does the job better than an agreement.

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