Enforceability generally requires voluntary execution, fair and reasonable disclosure of assets, and terms that are not unconscionable. Child support and custody provisions are unenforceable.
The Uniform Premarital Agreement Act governs in many states.
Alternative Names:
Premarital Agreement|Prenup
Why it Matters?
Disclosure adequacy and timing of execution are the recurring challenges, since an agreement presented shortly before the wedding with limited financial disclosure invites a voluntariness attack, and independent counsel for both parties is the strongest protective measure. Spousal support waivers face heightened scrutiny in several states and may be unenforceable if enforcement would leave a spouse dependent on public assistance.
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What are the recurring challenges?
What is the strongest protection?
