Prenuptial Agreement. Download online state specific prenuptial agreements form (Premarital Contract)
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To better understand the issues relating to your legal situation or problem, our legal information and other law related facts may be of interest to you
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The validity and enforceability of Premarital Agreements will be governed by state law, and thus will vary from state to state.
A Premarital agreement will generally be considered enforceable if:
The rights and obligations of each of the parties in any of the Property of either or both of them whenever and wherever acquired or located; it is in writing and signed by both parties before Marriage; it is voluntary and not unconscionable (generally defined as one that is so one-sided and oppressive that no person in his or her right mind would sign it without duress, coercion, or fraud;
there was an adequate disclosure of each person's financial information, or that disclosure was waived;
the enforcement of the agreement would not essentially eliminate all of one party's marital rights;
to avoid the appearance of coercion, the agreement was signed as early before the Wedding as possible (a month or two);
the agreement is "fair" and does not leave one of the parties destitute.
Avoid making demands that might seem frivolous, like requiring that your spouse keep their hair cut a certain length dress a certain way. Frivolous demands can lead to revocation of the entire agreement. Furthermore, a few states such as California do not allow Premarital agreements to modify or eliminate the right of a spouse to receive court-ordered Alimony at divorce.
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Return to all Prenuptial Agreement legal information
Legal Articles about Prenuptial Agreement
Prenuptial Agreement Frequently Asked Questions
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Snyder signs bill to prohibit local food, beverage taxes
WWMT-TV
Courts could not enforce a prenup if its terms are "unconscionable." Supporters worry that without the bill, judges could disregard a contract and apply a "standard of living" test to distribute marital property. Critics worry it would prevent judges ...
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Mich. House votes to clarify enforceability of prenups
The Detroit News
Lansing — The Michigan House has approved legislation to clarify the enforcement of prenuptial agreements due to concerns that an appellate court ruling could lead judges to invalidate prenups because assets aren't apportioned equally. The bill was ...
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