Premarital (or prenuptial) agreements are legally binding contracts that couples can create before their marriage, addressing numerous legal issues that arise should their marriage end. This includes issues like property division, alimony, and estate planning that are foreseeably complex or could be a source of contention. Valid premarital agreements are binding in that their terms are fully enforceable in court and override the laws that generally apply to divide community property and awarding alimony.
For some couples looking toward marriage, premarital agreements make a lot of sense. They can benefit both future spouses in providing peace of mind, especially when one or both spouses have wealth, children from prior marriages, complex property, business interests, or high incomes and earning potential. Agreements can spell out exactly who walks away with what property, whether alimony will be paid, inheritance and insurance beneficiary rights, and can eliminate concerns about the potential for a long, expensive divorce battle.
Unenforceable Premarital Agreements
While premarital agreements are fairly broad in what they allow couples to address, there are limits as to what future spouses can put into an agreement. The following provisions or conditions can render an agreement unenforceable; meaning that part or all of an agreement can be subject to invalidation if a spouse later tries to bring the matter before a court:
- Couples cannot agree to break the law or to violate public policy.
- One of the spouses did not enter into the agreement voluntarily.
- The agreement was “unconscionable” when it was entered into.
- One of the spouses did not provide a fair and reasonable disclosure of their property or debt before executing the agreement, the right to disclosure was not waived, and there was not actual or constructive disclosure.
- The agreement does not allow a dependent spouse to receive alimony, resulting in that spouse’s reliance on government assistance.
- The agreement adversely impacts the right of a child to support.
Seek Family Law Representation from Viloria, Oliphant, Oster & Aman L.L.P.
Viloria, Oliphant, Oster & Aman, L.L.P. is a law firm that provides a wide array of legal services in individuals. If you are interested in discussing a prenuptial agreement, contact us. Our attorneys are experienced, meticulous, and responsive. Trust us to explain and create an agreement that can give you confidence as you enter your marriage. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 210-8178 to schedule a consultation or contact our office through our website.