What are the requirements for a valid premarital agreement?

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:

To make a premarital agreement legally binding, it generally must meet these requirements:

  1. It must be in writing.
  2. Both parties must sign the document.
  3. There must be a full disclosure of each person's assets, income, and debts.
  4. Each party should have enough time to consider the agreement and the opportunity to seek separate legal advice before signing.
  5. The agreement must be free from fraud and duress.
  6. Both parties must enter into the agreement 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.

FAQs

Factors to consider when deciding to get married include emotional readiness, financial stability, shared values, and future goals. Couples should discuss their expectations for marriage, family planning, and lifestyle choices. Open communication about these aspects can help ensure compatibility and strengthen the relationship.