Premarital Agreement Flashcards
1
Q
What is required to make a premarital agreement enforceable?
A
The agreement must be in writing and signed by the party to be charged. and in many states, a premarital agreement is enforceable if there has been:
a) full disclosure of assets,
b) the agreement is fair and
c) reasonable, and
d) it is voluntary.
2
Q
Under the Uniform Premarital Agreement Act (UPAA), what must the party against whom enforcement is sought prove?
A
under the UPAA, the party against whom enforcement is sought must prove (1) involuntariness or (2) both unconscionability at the time of execution and lack of disclosure and adequate knowledge of the other’s assets and obligations.