Is a prenuptial agreement enforceable?

How the answer differs across 6 jurisdictions

The Short Answer

A prenuptial agreement (Ehevertrag) is a legally binding contract between spouses that regulates property rights and other financial matters during marriage and upon divorce. It is enforceable in Germany if properly notarized and does not violate mandatory law or good faith.

100% notarized
Required formalities
No time limit
Can be signed before or after marriage
Hardship review
Judicial control at enforcement
Spousal maintenance limited
May be limited but not automatically void
SingaporeFull article
The Short Answer

Pre-nuptial agreements are not automatically enforceable in Singapore; the court has full discretion to divide matrimonial assets fairly under the Women's Charter, regardless of any pre-nup.

s. 112
Relevant section
No binding
Enforceability
Court discretio
Decision power
Matrimonial ass
Scope covered
The Short Answer

Prenuptial agreements are not automatically legally binding in England, but courts will give them significant weight if they meet certain fairness and procedural requirements.

Not automatic
Legal status
s. 25 MCA 1973
Key statute
Fairness test
Court standard
Full disclosure
Required element
US-CaliforniaFull article
The Short Answer

Yes, a prenuptial agreement can be set aside in California if it was not voluntary, lacked full financial disclosure, or was unconscionable at signing — and the challenging party proves it by clear and convincing evidence.

7 days
Minimum review period
Full disclosure
Required by law
Clear & convinc
Burden of proof
Unconscionable
Legal standard
US-New YorkFull article
The Short Answer

Yes, a prenuptial agreement can be invalidated in New York if it was signed under duress, fraud, or unconscionability, or if there was inadequate financial disclosure.

72 hours
Minimum review time before signing
Full disclosure
Required financial info
Voluntary
No duress or coercion
In writing
Must be signed & witnessed
European UnionFull article
The Short Answer

A prenuptial agreement signed in Germany is generally recognised across the EU under Regulation (EU) No 1259/2010 (Rome III), but validity depends on the law chosen and compliance with formal requirements in the applicable jurisdiction.

EU-wide
Scope
Rome III
Regulation
Art. 1(2)(b)
Exclusion
3 months
Notice period

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Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.