The Prenup on the Caterer's Napkin
Priya married Dev five years ago. Four days before the wedding, Dev's attorney presented a six-page prenuptial agreement at the caterer's office. Priya had no lawyer, received no financial disclosure, and signed after Dev said the wedding would be canceled if she refused. The agreement says each spouse keeps all property titled in that spouse's name and waives alimony and equitable distribution. Dev now owns a business valued at about $2.4 million; Priya earns $52,000 as a teacher. During the marriage, Priya deposited a $60,000 inheritance into a joint account used for household expenses and a kitchen renovation. She has canceled checks and account statements. Priya wants to challenge the agreement and asks the paralegal whether a judge will 'throw it out.' The firm's attorney asks the paralegal to prepare a document request and a chronology.
1. What legal and factual issues should the attorney evaluate in deciding whether to challenge the prenuptial agreement?
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The attorney should assess both procedural and substantive fairness. Procedural issues include timing (four days before the wedding), lack of independent counsel, lack of financial disclosure, pressure, and whether Priya had a meaningful opportunity to review. Substantive issues include whether the waiver of alimony and all equitable distribution is unconscionable and whether the agreement accurately describes Dev's assets and income.
The Uniform Premarital Agreement Act, if adopted in the state, allows enforcement unless unconscionability or lack of disclosure is shown, but state law varies. Priya's $60,000 inheritance is separate property that may have been transmuted by deposit into a joint account and use for the renovation; tracing evidence matters. The agreement says 'each keeps title,' but commingled funds and business appreciation may require valuation. The paralegal should not predict that a judge will throw it out; the attorney must analyze the statute and case law.
2. Draft a document request plan and describe the paralegal's role in challenging the agreement.
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The document request should seek:
- Dev's financial affidavits and tax returns for the last five years.
- Business tax returns, profit and loss statements, balance sheets, and ownership documents.
- Bank and brokerage statements.
- The prenuptial agreement draft history and emails.
- The attorney's file and billing records for the prenup, subject to privilege.
- The caterer's timeline and wedding invoices.
- Records tracing Priya's inheritance.
The paralegal can prepare the draft requests, organize the chronology, create a privilege log, and summarize documents. The paralegal cannot sign discovery, give legal advice about unconscionability, or decide whether to challenge. The attorney should review the requests for proportionality and privilege. The paralegal should also prepare a witness list and a timeline of the four days before the wedding.
3. Priya asks whether she should have signed the agreement and whether she will get the business. How should the paralegal respond?
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The paralegal should not answer the merits or give reassurance. A proper response is: 'I cannot give legal advice or predict what a judge will do. I can tell you that the attorney will review the signing timeline, disclosure, and the business valuation, and we will collect the documents.' The paralegal can explain the process and schedule a meeting.
The question about the business requires valuation, tracing, and legal analysis of separate versus marital property. The paralegal should document Priya's concerns and tell the attorney, especially the statement that the wedding would be canceled. If Priya is anxious, the paralegal can offer to prepare a list of questions for the attorney. This response avoids unauthorized practice of law and maintains client confidence.