Prenuptial and Postnuptial Agreements

Question 1

Prenuptial Agreement definition

Answer 1

A contract entered into before marriage

Question 2

Postnuptial Agreement definition

Answer 2

A contract entered into after marriage

Question 3

Prenuptial agreements elements

Answer 3

Falls within the statute of frauds
1. in writing
2. signed by both parties
3. consideration = the marriage
- can be amended or revoked by a subsequent writing (this doesn’t require consideration)

Question 4

Voluntariness Requirement

Answer 4

Have to enter into it voluntarily
- look at time and place of presentation
- look at ability to consult to a lawyer
- extrinsic evidence during presentation (statements)

other contract defenses can apply

Question 5

Unconscionable Prenuptial Agreements

Answer 5

Unenforceable if the contesting spouse can prove that he: (i) wasn’t provided a fair and reasonable disclosure of the property or financial obligations of the other party; (ii) didn’t voluntarily and expressly waive in writing any right to disclosure of the property or financial obligations; and (iii) didn’t have an adequate knowledge of the property or financial obligations of the other party

Question 6

Postnuptial Agreements elements

Answer 6

1. written
2. signed by both parties
3. full & fair financial disclosure OR entered into after the completion of discovery

Question 7

Property Agreements

Answer 7

prenups and postnups to settle property rights are binding once a judge enters a final judgment. property distribution cannot be changed

• there must be an express provision in the property settlement that the consideration is in lieu of alimony payments to effectively destroy the right to alimony.