My client wants both parties to list assets & liabilities as an exhibit to their prenup without values, but waive the right to know the actual valuation of those in the prenup itself. My initial thought is this is a terrible idea & would probably make the prenup easily voidable since a main requirement for a prenup is for both to understand the nature and value of the other’s assets. I will research in my jurisdiction to confirm, but has anyone ever heard of/done this? Thoughts?

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What's the rationale behind it? If you're going to list the assets, why not put the valuation in? In post-nups, if your jurisdiction permits it, I would be open to a full waiver of disclosure. But not with a pre-nup because the parties are much less likely to understand what's actually on the table.

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I agree with your gut reaction. In some jurisdictions, if either party has independent knowledge of the value of assets the prenup may not be voidable even without a disclosure. However, that’s a tougher case and will inevitably involve litigation. I’d make sure to paper the file and CYA as much as possible.

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This is a fundamental piece of a valid prenup in MI: full disclosure of assets & liabilities-obviously including amounts. Without this, neither party can sign “knowingly,” & the agreement is not valid.

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Your gut is correct. If privacy is an issue (beyond the parties), consider putting in a confidentiality clause with a damages provision if needed.

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Bad idea. Go with your gut. Suggest/push for values to be Iisted to the extent possible. (Miami Family lawyer here.) full, frank disclosures protects against enforcement. Protect yourself, too. Put a cya letter together advising that their desire to move forward without values is against your advice, yada yada, if that’s the route they insist on taking.

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Absolutely have to list values, at minimum an approximate value if the exact amount is not available. It’s not an enforceable antenuptial agreement without full disclosure of the assets.

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And thanks

Hell no lol that's def voidable in my state. Nice try client

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