Prenuptial (Premarital) Agreement
A prenuptial agreement, is a contract between couple contemplating marriage or registering domestic partnership with the State. Parties who entered into Prenuptial agreement have greater chance to continue their marriage rather than parties with no Prenuptial agreement.
The Prenuptial agreement is usually executed for the protection of the wealthier party. It fixes the parties' properties rights, financial responsibilities including debts, inheritance and spousal support. Waiver of child support in prenuptial agreement is not valid.
If drafted and executed in compliance with the applicable law, Prenuptial agreements are enforceable as any other written contract so long as it does not promote divorce.
Requirements of Prenuptial enforceability
Prenuptial agreement must be in writing
Entered into voluntarily and freely
With no duress, deception or undue influence
Must not be drafted in a way that encourages divorce
Attorneys representing both parties at the time of execution or valid waiver in writing.
Presented to the party who is contesting the validity within reasonable time before the marriage
Cannot include provisions regarding child support.
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