Prenuptial agreements, or the lack of them, have been very much in the news. From the speculation that Melania Trump refused to move from New York to Washington, D.C., until she renegotiated her prenup with then-President Elect Trump to the somewhat startling news that Bill and Melinda Gates did not have such an agreement, the topic has gotten much press. A Google search undertaken on June 21, 2021, brought up over 3,000,000 hits for the query, “Do you need a prenuptial agreement?” Even before the recent spate of media attention, the number of prenuptial agreements was rising, perhaps as a result of the tendency of millennials to marry later than earlier generations did, after they have had the opportunity to accumulate more assets. As a result, lawyers need at least a basic understanding of the law surrounding the creation and enforcement of prenuptial agreements.
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