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Family Prenuptial/Premarital Agreement

A prenuptial or premarital agreement (commonly known as a prenup) is a contract entered into by a couple prior to entering a marriage or domestic partnership, and commonly relates to division of property and spousal support in the event of dissolution or separation.

Prenuptial agreements are recognized in all 50 states and the District of Columbia. In most jurisdictions, the following elements are required for a valid prenuptial agreement:

  • The agreement must be in writing.
  • The agreement must be entered into voluntarily by both parties, without coercion.
  • The agreement must be entered into with full and/or fair disclosure.
  • The agreement must be fair and just; it cannot overwhelming favor the interests of one party over another.
  • The agreement must be entered into by both parties themselves and notarized.

Certain issues may prevent a prenuptial agreement from being enforceable. For example, issues regarding children are not enforceable due to the necessity of the children’s best interest to take precedence over the couple’s interests.

Prenuptial agreements must be executed prior to a couple entering into a marriage or domestic partnership. If a couple decides to enter into an agreement afterwards, they may draw up a postnuptial or post-marital agreement.

If you are considering a prenuptial agreement, please contact GTH Law Group at 888-736-0895 for an initial consultation so that Ginny Hsiao can assist you in meeting the statutory requirements for a valid and enforceable prenup.