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?
- Category: Marriage
- Subcategory: Premarital Agreements
- Date:
- State: Alabama
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.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
