Q: Are there any other terms the judge can review about prenuptial agreements?
That’s the issue of discretion, and it’s just a very narrow idea. The idea of alimony being waived or limited in a prenuptial agreement was considered contrary to policy, so this is why they are developing rules that if you make your agreements they are going to be judged by their current standards not by whether it seemed fair, back when they made the agreement. The prenuptial agreement is a contract and as long as you followed the rules and had attorneys involved, it’s pretty solid as a contract except, again, for alimony.
Q: In drafting a prenuptial, when you are representing the person who is the wealthier of the two people who are about to get married, what changes for you in your advice?
The drafting in the prenuptial agreement is not going to change. There is no longer the issue of looking at the tax consequences when formulating your deal. It’s all going to be done by out-of-pocket dollars, rather than pre-tax dollars. Just understanding there’s a different set of rules involved is really the only difference.