Family
Oct. 19, 2021
Compliance with statutory rules ensures premarital agreement enforceability
Given that one out of two marriages ends in divorce (and the absence of any evidence that premarital agreements make divorce less likely), the parties who enter into premarital agreements are essentially making a bet. If the parties never divorce, the premarital agreement may be irrelevant as a practical matter. If they do, the first question will be whether the agreement is enforceable at all.
Premarital agreements may be negotiated either directly by the parties or through counsel, but the negotiations are rarely contentious. The explanation is simple: Both parties are motivated to conclude an agreement and focus on their upcoming wedding.
The sense of urgency to get an agreement signed is compounded because the vast majority of couples postpone the negotiation and documentation of their premarital agreement until a month or tw...
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