Before Marriage

Question 1

Antinuptial Agreements

(Requirements)

Answer 1

To be valid, an antinuptial agreement must be:

1. In writing;
2. Signed;
3. Entered into voluntarily;
4. With full disclosure of assets or proof of full, independent knowledge of assets.

⇒ Some courts consider general fairness and whether both parties were represented by independent counsel.

Question 2

What provisions of an antinuptial agreement cannot bind a court?

Answer 2

A court cannot be bound by child custody and child support agreements that are not in the best interests of the child.