Premarital agreements, also called prenuptial agreements, are a great tool in protecting the interests of you and your soon-to-be spouse. Premarital agreements can be the source of contention for many couples. A few commonly asked questions and topics to consider are outlined below:
Parties who enter into a premarital agreement can include language that covers a number of different areas, such as
These are just a few of the most common areas covered by premarital agreements. A couple can
include almost anything in a premarital agreement as long as it does not go against public policy.
Yes, premarital agreements can be amended or revoked, but only if both spouses agree and sign a written agreement to change or revoke the original agreement.
Premarital agreements are presumed to be legally enforceable, but whether or not a particular premarital agreement is enforced depends on the facts and circumstances of the case. There are circumstances where a premarital agreement may be nullified, and those circumstances typically concern issues at the signing and adoption of the premarital agreement, such as:
These are just a few ways a premarital agreement may be invalidated.
If you are considering entering into a premarital agreement or if you are considering a divorce and you previously entered into a premarital agreement, contact Kirker Davis LLP to schedule a meeting with an experienced attorney today.