Premarital Agreements

Question 1

Rule of Premarital Agreement

Answer 1

Valid if
1. It does not promote divorce
2. In writing *signed by both *
3. voluntary
4. Not unconscionable

Question 2

Exceptions to Premarital Agreement Writing Requirement

Answer 2

1. Performance: conduct by parties consistent with agreement
2. Detrimental Reliance:

Question 3

Rule for Involuntariness

Answer 3

Involuntary unless:
1. Parties represented by independent counsel or waived
2. Parties given 7 days to cool off
3. If counsel waived: terms in proficient language
4. No fraud, duress, undue influence
5. Existence of any facts court deems relevant

Question 4

Rule for Unconscionability

Answer 4

Not unconscionable (as a matter of law) if:
1. Not inconscionable at execution
2. Each party had adequate knowledge of the other person’s assets
3. The right to disclosure was exercised or waived in writing

Question 5

Waiver of Child Support in Premarital Agreement

Answer 5

Void

Question 6

Waiver of Spousel Support in Premarital Agreement

Answer 6

Allowed with independent counsel BUT void if *unconscionable at time of enforcement *