Section 4.6 Voluntariness
| Library | Family Law Deskbook and 2014 Supp |
2. (§4.6) Voluntariness
The party seeking to challenge the validity of an agreement will frequently assert that the agreement was not entered into voluntarily, usually by some means of coercion or duress. The use of independent counsel by each party, the allotment of ample time for negotiations and drafting, and avoidance of coercive behavior and tactics may minimize (but not completely eliminate) the risk of invalidation.
Although the use of independent counsel by each party and the allotment of ample time for negotiations in drafting remain watchwords for the practitioner, decisions continue to uphold the validity of antenuptial agreements despite the lack of legal counsel or the...
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