What is needed to make a premarital agreement legally binding and valid?
Full Question:
Ben and Jennifer have decided to get married, and they have also decided that a premarital agreement is the smart thing to do. Neither is familiar with the contents or requirements that make a premarital agreement valid and binding. What is needed to make a premarital agreement legally binding and valid?
01/05/2007 |
Category: Marriage ยป Premarital A... |
State: Alabama |
#162
Answer:
While the laws vary some depending on the state, a premarital agreement must generally meet the following requirements:
(1) It must be in writing;
(2) The document must be signed by both parties;
(3) The agreement must be accompanied by a sufficient disclosure of all assets, income, and debt of each prospective spouse;
(4) Each party must have ample opportunity to consider the document and the chance to obtain separate legal advice before signing the agreement;
(5) The agreement must be free from fraud and duress;
(6) Both parties must enter into the agreement freely and voluntarily.
