Before Marriage

Question 1

If the marriage does not take place, gifts conditioned on the marriage (ex: engagement ring), must be:

Answer 1

RETURNED

Question 2

What is a premarital agreement?

Answer 2

Valid contract that address the rights of the parties upon divorce or death. The marriage is sufficient consideration to support a premarital contract.

Question 3

Contents of a premarital agreement?

Answer 3

1. the disposition of property in the event of death or divorce
2. the making of a will, trust, or other arrangement to carry out the provisions of the agreement; the choice of law governing construction of the agreement
3. agreements regarding alimony (spousal support), but court may find the provision unenforceable if it leaves the disadvantaged spouse a public charge (reliant on government support)

Child custody and support provisions will NEVER be enforced!!!

Question 4

Requirements for premarital agreement to be valid:

Answer 4

1. in writing and signed;
2. entered into voluntarily; and
3. there was a full and fair disclosure of the parties’ assets OR proof that the party against whom the agreement is being enforced had independent knowledge of the assets

Question 5

What is not a requirement for a premarital agreement to be valid?

Answer 5

independent counsel; but, if both parties are represented by independent counsel, courts are far less likely to find overreaching and refuse to enforce the contract.

Question 6

If the premarital agreement does not contain a choice of law provision, then its enforceability is governed by:

Answer 6

the law of the state where it was executed or the state with the most significant relationship to the parties