Is a prenup enforceable?

Prenuptial agreements are generally enforceable if they meet procedural and substantive fairness standards. People ask is a prenuptial agreement that is in writing always enforceable—writing is usually required, but duress, fraud, unconscionability, or lack of disclosure can still invalidate terms. ^[1][2] UPAA/UPEA Many states follow the Uniform Premarital Agreement Act (or similar rules): agreement in writing, signed voluntarily, with fair disclosure of property/debts unless waived knowingly. What cannot be waived Child support cannot be bargained away; public-policy limits apply to custody terms. State variation California Family Code and other state statutes set spousal fiduciary duties during marriage affecting prenups. ^[2] Independent counsel Having both spouses use lawyers strengthens enforceability. ^[1]