Prenuptial Agreements

Prenuptial (or Premarital) Agreements are an agreement entered into prior to marriage to resolve issues that may arise in the event of a divorce.  The purpose is to vary the provisions that the law would allow. To be valid, these agreements must follow certain requirements to guarantee that they are fair and proper.  The Uniform Premarital Agreement Act allows these agreements to be broadly enforced so long as there has been a fair and reasonable disclosure of the property and financial obligations of each party, the agreement is executed voluntarily, and the agreement was not unconscionable when executed.  Premarital Agreements often limit a party’s ability to seek alimony in a divorce or prevent a party from being able to renounce a will and take the statutory third of the other party’s estate at death.