Matters Preceding Marriage Flashcards
1
Q
What is another name for a prenup?
A
Antenuptial agreement
2
Q
Does a prenup have to be in writing?
A
Yea boiii. It must satisfy the statute of frauds.
Signed by both parties in writing
3
Q
How are prenups governed by law in VA? Is there a statute?
A
Yes.
VA has adopted the Uniform Premarital Agreement Act (UPMA)
4
Q
What are the grounds to challenge a prenup under UPMA?
A
Duress - threats, pressure, surprise, unequal education, one party has counsel
Unconscionable- at the time of execution
5
Q
What three factors must challenger of prenup show for lack of economic disclosure?
A
No disclosure of assets
No independent knowledge of assets
No waiver of disclosure by contesting party
6
Q
Can a prenup be amended after marriage?
A
Yes, in writing and signed by both parties.
