An Introduction to Premarital Agreements

Posted on September 2, 2019 by Chris Kirker

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:

1. What can premarital agreement cover?

Parties who enter into a premarital agreement can include language that covers a number of different areas, such as

  • The rights to control, use, and/or sell property acquired before, during, and/or following the marriage;
  • The disposition of such property on divorce, death, separation, etc.;
  • The modification or elimination of spousal support in the event of divorce; and
  • The making of wills or trusts in relation to the premarital agreement.

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.

2. Can I ever modify my premarital agreement? Can I get out of a premarital agreement once I’m married?

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.

3. Are premarital agreements legally enforceable?

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:

  • If the agreement was not signed voluntarily;
  • If one party was not provided a fair and reasonable disclosure of the property of the other party prior to signing; and
  • If one party was not or could not reasonably have had, adequate knowledge of the other party’s property.

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.

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