Premarital Agreements

Question 1

When will a premarital agreement be invalidated?

Answer 1

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 teh agreement itself.

Question 2

What is permissible subject matter of a premarital agreement?

Answer 2

Property division – permissible

Waiver of alimony – permissible

Children – In virtually all states, invalid as against public policy to limit the obligation of a parent to support her minor children during or after marriage.

Sexual relations –
+ MAJORITY - Provisions dealing with frequency of sex and child bearing are NOT enforceable.
+ UPAA - Such provisions are permitted.