Premarital Agreements

Question 1

What is a premarital agreement?*************

Answer 1

• Deal with:
  
  • rights in the others estate in the event of death of one spouse
  • alimony & property division in the event of a divorce
• They are Ks & have to meet all the requirements for a valid K

Question 2

Creation of a premarital agreement?

Answer 2

• Agreement made before or during the marriage will be enforceable in a matrimonial action if the agreement:
  
  1. was in writing
  2. subscribed/signed by the ptys
  3. acknowledge or proved in the same manner required for a deed to be recorded

Question 3

What provisions may the premartial agreement include?

Answer 3

• testamentary distribution
• division of separate & marital property
• spousal maintenacne
  
  • amount & duration as long as these terms are fair & reasonable & not unconsciousable
• custody, care, education & maintenance of children

Question 4

How does the court determine if the provisions are fair & reasonable?