Pre-Marital Agreements

Question 1

Premarital Agreement

Answer 1

Is a contractual agreement that is executed by spouses prior to marriage.

Question 2

Uniform Premarital Agreement Act

Answer 2

Must be
1) in writing
2) signed by both parties

Question 3

Voluntary Premarital Agreement

Answer 3

Courts look at whether there is fraud, duress, or coercion. Courts consider:
1) presence of independent counsel
2) length of time between agreement and wedding
3) ability to understand the agreement
4) other reasons, financial loss, pregnancy, etc.

insistence by itself does not render void

Question 4

Premarital Agreements: Child Custody & Support

Answer 4

Provisions in marital agreement re child support/custody are not binding and any provisions adversely affecting a child’s right to support is unenforceable.