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• PREMARITAL AGREEMENTS •
Premarital agreements allow a husband and wife to alter the property rights otherwise prescribed by statute. According to the Uniform Premarital Agreement Act and related general provisions, a "premarital agreement" is an agreement between prospective spouses that is made in contemplation of marriage and to be effective on marriage. In general, under the Act, a premarital agreement executed on or after January 1, 1986, must meet certain requirements in order to be valid and enforceable.
At a minimum, the agreement must be in writing and voluntarily entered into by both parties after full disclosure of property and financial obligations, and have a lawful object, which may include: 
• The rights and obligations of each of the parties in any of the property of either or both of them, whenever and wherever acquired or located;
• The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
• The disposition of property on separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
• The making of a will, trust, or other arrangement to carry out provision of the agreement;
• Choice of law governing the construction of the agreement; and
• Any other matter, including the parties' personal rights and obligations, not violating public policy or a statute imposing a criminal penalty.
The parties may not adversely affect a child's right to support in their premarital agreement. The parties may provide for a waiver of spousal support following a termination of marriage in a premarital agreement. However, any provision in a premarital agreement regarding spousal support, including a waiver, is not enforceable if the party against whom enforcement of the spousal support provision is sought was not represented by independent counsel at the time the agreement was signed, or if the provision is unconscionable at the time of enforcement. Additionally, an otherwise unenforceable provision regarding spousal support may not become enforceable solely because the party against whom enforcement is sought was represented by independent counsel.
Contact us for a consultation if you would like more information, if you think you may need a premarital agreement, or if you would like us to work with your future spouse’s attorney to review and draft a premarital agreement. Our team of family law, business and real estate, and estate planning attorneys and staff work closely together to consider all of your property preservation needs.
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