Premarital Agreements

Question 1

premarital agreements

Answer 1

Ks that provide for distribution of assets upon divorce or death in a way that varies from what the law would otherwise require

Question 2

is marriage sufficient consideration for a premarital K?

Answer 2

yes

Question 3

What does the uniform premarital agreement act do?

Answer 3

provides rules as to what parties may include in the K

Question 4

premarital agreement requirements

Answer 4

1. writing (to satisfy SOFs)
2. voluntariness (no duress, fraud, or overreach)
3. full & fair disclosure: both parties must fully and failry disclose their financial worth

Question 5

amendment

Answer 5

may be revoked or amended by written agreement signed by both parties

amendment is enforceable without consideration

Question 6

enforcement

Answer 6

strict scrutiny under uniform premarital agreement act
1. voluntariness
2. full and fair disclosure
3. unconscionable terms
4. waiver
5. (in some states) legal representation

Question 7

child custody provisions

Answer 7

NOT binding

void in some states