Prenuptial agreements are contracts entered into by a couple in contemplation of marriage. They usually address property issues that may arise in the event of divorce or death. These agreements are often used as vehicles to provide for greater awards of property to children from previous marriages and/or when one spouse brings substantially greater assets to the marriage.
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Enforcing a Premarital Agreement
Premarital agreements are binding legal documents. They are typically enforceable without consideration, meaning the court will enforce the agreement even if there is nothing of value exchanged for one party. There are a few instances in which a premarital agreement can be nullified. Many of these cases involve the circumstances around the signing of the agreement. Some of the most common reasons for nullification include:
- A party did not sign the agreement voluntarily
- A party was not provided fair and reasonable disclosure before signing
- A spouse did not have, or reasonably could not have, adequate knowledge of the property
- A party did not voluntarily and expressly waive any right to disclosure of the property or financial obligations
These are just a few examples of cases that would legally nullify a premarital agreement. Void marriages also negate some aspects of a premarital agreement. If a marriage is determined to be void, the premarital agreement is only enforceable to the extent required to avoid an inequitable result.