is prenup valid if no lawyers were consulted and no financial disclosure was given?

UPDATED: Oct 2, 2022

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is prenup valid if no lawyers were consulted and no financial disclosure was given?

I am going through a divorce and I signed a prenup before marrying my 2nd husband that was signed in front of a notary at AAA but there was no legal advice beforehand for me and no financial disclosure from my husband. Is that a valid prenup as his lawyer is trying to claim??

Asked on October 2, 2019 under Family Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, it is a valid prenup.
1) The law does not require you to have a lawyer for an agreement like this: while you could have retained a lawyer to help you, you chose not to do so. Having chosen to not hire a lawyer, you are held to that choice and cannot use the lack of a lawyer to escape or get out of the agreement.
2) Similarly, you chose to sign without financial disclosure. You could have refused to sign--but having chosen to sign without getting all the information that would have been helpful or appropriate, you are held to your choice to sign it. 
The law does not protect you from your own bad decisions, unfortunately.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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