PREMARITAL AGREEMENTS

Question 1

Premarital Agreements Checklist

Answer 1

• Premarital Agreements
  
  • Voluntary
  • Unconsiconable

Question 2

Premarital Agreements

Answer 2

A premarital agreement may allow parties to opt out partially or completely from the CP system. Premarital agreements must be (1) in writing*, (2) and signed by both parties. The agreement must also be (3) executed voluntarily and (4) not unconscionable at the time of execution

*Oral agreements may be enforceable through promissory estoppel or detrimental reliance

Question 3

Premarital Agreements - Voluntary

Answer 3

The agreement will be voluntary if the party against whom enforcement is sought was (i) represented by independent counsel at the time of execution or (ii) was advised to consult counsel at least seven days before executing the agreement and expressly waived representation in a separate writing that also demonstrates the party was fully informed of the agreed terms

Question 4

Premarital Agreements - Unconscionable

Answer 4

An agreement will be deemed unconscionable if the party (1) was not adequately informed regarding the finances of the other party and (2) did not waive disclosure of such finances