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NOTICE: None of these questions and answers constitute legal
advice. To obtain legal advice, consult with an attorney. This is
especially important in divorce and family law matters, in which
outcomes are often peculiar to the particular facts and
circumstances of the case.
Q. What is a prenuptial or antenuptial agreement?
A. A prenuptial agreement, also called an antenuptial agreement, is a
contract between prospective spouses settling alimony and/or
property rights of parties upon divorce. A prenuptial agreement may
also include provisions concerning distribution of a decedent
spouse's property.
Q. What are the requirements of a prenuptial agreement?
A. (1) A prenuptial agreement must be in writing. No action can be
brought on an agreement made in consideration of marriage unless
the agreement or some memorandum or note of it is in writing,
signed by the person to be charged. (2) It must be "supported by
consideration," which means something of value must be
exchanged. But marriage itself is sufficient consideration. (3) It
must be fair and reasonable. Fairness and reasonableness are
judged as of the time the agreement made, not based on conditions
occurring subsequently. (4) There must be full and truthful
disclosure, or actual knowledge of one another's assets and debts,
income and expenses. (5) The agreement must be entered freely
and voluntarily. There can be no fraud or duress. (6) Each party
must have independent legal advice, or at least a real opportunity to
get independent legal advice.
advice. To obtain legal advice, consult with an attorney. This is
especially important in divorce and family law matters, in which
outcomes are often peculiar to the particular facts and
circumstances of the case.
Q. What is a prenuptial or antenuptial agreement?
A. A prenuptial agreement, also called an antenuptial agreement, is a
contract between prospective spouses settling alimony and/or
property rights of parties upon divorce. A prenuptial agreement may
also include provisions concerning distribution of a decedent
spouse's property.
Q. What are the requirements of a prenuptial agreement?
A. (1) A prenuptial agreement must be in writing. No action can be
brought on an agreement made in consideration of marriage unless
the agreement or some memorandum or note of it is in writing,
signed by the person to be charged. (2) It must be "supported by
consideration," which means something of value must be
exchanged. But marriage itself is sufficient consideration. (3) It
must be fair and reasonable. Fairness and reasonableness are
judged as of the time the agreement made, not based on conditions
occurring subsequently. (4) There must be full and truthful
disclosure, or actual knowledge of one another's assets and debts,
income and expenses. (5) The agreement must be entered freely
and voluntarily. There can be no fraud or duress. (6) Each party
must have independent legal advice, or at least a real opportunity to
get independent legal advice.
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| FREQUENTLY ASKED QUESTIONS Prenuptial Agreements |
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| To learn more, please read these FREQUENTLY ASKED QUESTIONS AND ANSWERS |
