A premarital, or prenuptial, agreement is a legal contract through which intended spouses clarify their respective rights should the marriage fail. The agreement may cover many issues, but most common are property division, spousal support, and bases for divorce filing.
Couples who have previously been divorced, who hold significant individual assets, or who marry late in life often sign premarital agreements.
Challenges
The courts have sometimes agreed to hear challenges to prenuptial agreements when there was evidence of the existence of specific conditions or situations.
A spouse felt pressure to sign and did not enter the agreement voluntarily.
One or both parties failed to accurately disclose all assets at the time of the agreement.
The terms of the contract were unfairly one-sided, unconscionable, or illegal.
One or both spouses never had a real opportunity to consult with attorneys or have lawyers review the agreement before signing it.
Please contact The Haverman Law Firm for information on premarital agreements.