From my experience in trying divorce cases, sometimes prenuptial agreements are effective, but often they aren’t, and just lead to further litigation.

A common scenario is the wealthier spouse, usually the husband, has his lawyer draft a prenuptual agreement and the husband presents it to the wife right before the wedding.

This seldom works.

To succeed, there has to really be a full disclosure of assets, an opportunity for independent legal advice, and an opportunity to consider the proposed agreement.

Prenuptial agreements, even if otherwise enforceable, are not enforceable as to custody and visitation issues.