Antenuptial (premarital) Agreements

Question 1

What may courts find regarding alimony provisions in premarital contracts?

Answer 1

Courts may find them unenforceable if they leave the disadvantaged spouse a public charge

Alimony, or spousal support, is intended to provide financial assistance to a spouse after separation or divorce.

Question 2

What are the requirements for a premarital contract to be enforceable?

Answer 2

The requirements include:
* The contract must be in writing and signed
* The agreement must be entered into voluntarily (without fraud, duress or overreaching)

• There must be a full and fair disclosure of the parties’ assets or proof of independent knowledge of the assets

The UPAA states that courts examine disclosure only if the agreement is unconscionable.

Some courts consider whether the economic provisions are fair and reasonable