Before Marriage

Question 1

What is a premarital contract? What are the requirements?

Answer 1

Also known as a pre-nuptual or antenuptual contract - parties can put anything in the contract. Can be related to inheritance rights, distribution property, maintenance, child care, custody, and support. If the marriage fails to take place, the parties are discharged.

**Requirements: **It must be in writing (to comply with the SOF), subscribed by the parties, and acknolwedged or proven in the manner required to record a deed.

Question 2

What are the defenses against a pre-marital contract?

Answer 2

Fraud

Duress (but threatening to call of the wedding is not duress)

Unconscionable (lack of disclosure of financial assets, not represented by counsel, unsophisticated)

Question 3

What is the statute of limitations for bringing an action or claiming a defense arising from a pre-marital contract?

Answer 3

3 years.