Premarital Agreements

Question 1

Premarital agreement

Answer 1

Generally valid devices to resolve disputes between spouses in the event of divorce, as well as a means for estate planning in the event of death

Question 2

Invalidating premarital agreements

Answer 2

In most states, a premarital agreement will be invalidated when there is a court finding of EITHER:
● procedural unfairness in the making of the agreement, or
● substantive unfairness in the agreement itself

Question 3

Waiver of alimony in premarital agreements

Answer 3

The majority view, and modern trend, permits waiver of alimony by agreement

Question 4

Child support limits in premarital agreements

Answer 4

In virtually all states, it is INVALID as against public policy to abrogate, or even limit, the obligation of a parent to support his or her minor children during or after the marriage

Question 5

Sexual relations provisions in premarital agreements

Answer 5

In most states, provisions dealing with the frequency of sexual relations and child-bearing are not enforceable