Are premarital agreements legal?
There are federal and state statutes that contain premarital/prenuptial agreement requirements. Such an agreement is valid and legal if it meets the statutory requirements. Generally, a premarital agreement must be in writing, must be signed by both parties, must not be induced by fraud or threat and is considered effective as soon as the couple is married. Some requirements that a premarital contract may address are as follows: • The rights to property of each spouse (including ownership rights and control of property) • Which spouse will retain the property rights if there is a divorce, separation or death • Inheritance rights • Spousal maintenance rights (after and during the marriage) • Rights and obligations of each spouse during the marriage • Provisions regarding the care and education of children • Which state law governs the agreement • Shared financial and business rights (such as stocks, bonds, business proceeds, etc.) • Other personal matters, rights and responsibilities of
