Before Marriage Flashcards
1
Q
Requirements for valid prenuptial contract?
A
1) signed writing
2) entered voluntarily
3) full & fair disclosure of party assets OR proof that party against whom enforced had independent knowledge of the assets
2
Q
Per UPAA, a court will only consider the full & fair disclosure element IF:
A
agreement unconscionable
3
Q
What else may courts consider regarding prenuptial agreements?
A
Whether economic provisions are fair and reasonable
4
Q
What happens to prenup if agreement found void?
A
Prenup enforceable only to extent necessary to avoid inequitable result
5
Q
May prenups contain a choice of law provision?
A
Yes
6
Q
If prenup doesn’t have choice of law provision, how is enforceability governed?
A
By law of state where executed
OR
By state with most significant relationship to parties
