US Law Regarding Prenuptials

Prenuptials also commonly known as premarital arrangements are recognized by all fifty states. There are five fundamentals required for a valid agreement. First, the agreement must be written. Oral prenups are no permitted. Secondly, the parties must subject to the agreement voluntarily. Full and accurate disclosure is to be given. The agreement may not be unconscionable. Lastly, the agreement must be executed by both parties before a notary public. Attorneys are not allowed to serve on behalf of the parties.

Prenup agreements are not permitted to extend to children. The courts reasoning is that the matters involving the children must be decided in the children’s best interest at the time, and therefore, should not be predetermined. The prohibition of guardianship is controversial as people believe that all measures should be taken to avoid a bitter custody battle.

Financial matters which are determined by the agreement are almost always upheld by courts. On occasion, a court may rule that unforeseen circumstances have occurred and the prenup should be amended to comply with the original intentions of the parties.

A sunset provision may be added to the agreement which specifies an expiration date. In certain states, the agreement will automatically terminate in the even of the birth of a child. The couple then must renew the agreement if they would wish it to continue.

Having a prenuptial agreement is an important step in protecting yourself in the future. For advice on writing one, consult the San Diego family law attorneys at Fischer & Van Theil, LLP today by calling 760-722-7646.

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