Frequently Asked Questions

What is a Premarital or Prenuptial Agreement?

A premarital agreement is an agreement entered into by the parties before they get married. If the necessary requirements for such an agreement are met, a premarital agreement will be upheld and followed by the Court in a divorce or if one spouse dies.

To be valid, a premarital agreement must be in writing and signed by both parties before marriage. The agreement must also be voluntary, and not unconscionable. Each party must disclose to the other all of his or her property and financial obligations or waive that disclosure. Generally, each person must have an attorney represent them in the signing of an agreement so that the agreement will be determined to have been entered into voluntarily.

A premarital agreement may waive (give up) community property rights that would otherwise exist after the marriage of the parties. A premarital agreement may also waive or eliminate the right to spousal maintenance in the event of a divorce. Such an agreement may give up rights a spouse would have in the event of the death of the other spouse.

by: Sandra Tedlock

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