Premarital Agreement

Question 1

Agreement

Answer 1

Watch for child custody and support provisions in premarital agreements. These provisions never bind the court. In some states, custody and child support provisions are void as against public policy, while in others they are subject to judicial review.

Question 2

Requirements for Validity

Answer 2

For a premarital contract to be enforceable, most courts require the following:
* The contract must be in writing and signed
* The agreement must be entered into voluntarily, meaning without fraud, duress, or overreaching
* There must be a full and fair disclosure of the parties’ assets or proof that the party against whom the agreement is being enforced had independent knowledge of the assets
* Under the UPAA, courts only examine this element if the agreement is unconscionable
* Some courts consider whether the economic provisions are fair and reasonable