Premarital Agreements

Question 1

What are premarital agreements?

Answer 1

Devices to resolve disputes between spouses in the event of divorce and means of estate planning in event of death

Question 2

Are premarital agreements generally vallid?

Answer 2

Yes

Question 3

What are grounds for a premarital agreement to be deemed invalid?

Answer 3

A premarital agreement will be invalidated in most states when there is a court finding of either
1. Procedural unfairness in making the agreement
2. substantive unfairness in the agreement of itself

Question 4

Is property division a proper subject of a premarital agreement?

Answer 4

Yes

Question 5

Can alimony be waived in a premarital agreement?

Answer 5

The majority view and modern trend permits waiver of alimony by agreement though even where waiver of alimony is permissible, states tend to look more closely and scrutinize agreements waiving spousal support upon divorce

Question 6

Can child support be waived or stipulated in a premarital agreement?

Answer 6

In almost all states it’s invalid against public policy to abrogate or even limit the obligation of a parent to support their minor children during or after a marriage `

Question 7

Can sexual relations be the subject a of a premarital agreement?

Answer 7

In most states provisions dealing with the frequency of sexual relations are unenforceable

Question 8

Can childbearing provisions be included in a premarital agreement?

Answer 8

Most states prohibit provisions dealing with frequency of child-bearing