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What Makes a Prenup Enforceable?

A prenuptial agreement (also called a prenup) can benefit couples of all ages and tax brackets. If you and your partner have decided to draft a prenup, you are agreeing to enter into a legally binding agreement. However, prenups must adhere to certain laws to be enforceable (see The Uniform Premarital Agreement Act).

Enforcing a Premarital Agreement

The Uniform Premarital Agreement § 52B-7 outlines when prenups are enforceable. According to this statute, a prenup is not enforceable if the person who enforcement actions are taken against can prove that:

  • They entered the agreement involuntarily.
  • The prenup is “unconscionable,” and before the agreement’s execution, they did not have a complete understanding of the other party’s finances or assets, nor did they waive their right to the other party’s full disclosure.

The courts may also award one party spousal support, despite the terms of the prenuptial agreement. The spousal support terms (in a prenup) may not be executable if the support (or lack thereof) requires one party to rely on public assistance after the end of the marriage.

What Can Be Included in a Prenuptial Agreement?

As a couple, you should discuss the terms of your agreement with respect to your individual and joint interests. A prenuptial agreement can include how the following will be handled in the event of a divorce:

  • Property and asset division
  • Pet ownership/custody details
  • Spousal support modifications or exclusion
  • Will and trust details regarding carrying out the agreement orders
  • Ownership rights relating to life insurance claims

As you create your prenup, you should also speak with an attorney. Our attorneys are experienced in drafting enforceable, amiable prenuptial agreements.

At Krusch Law PLLC, we help our clients walk into their marriages secure and protected. For help drafting an enforceable prenuptial agreement, contact our firm today online or at (704) 343-8811.
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