Also known as: premarital agreements · prenuptial agreement · prenup
Written by attorneys · grounded in primary & secondary sources — see below
A written agreement between individuals who intend to marry that affirms, modifies, or waives a marital right or obligation during the marriage or upon separation, dissolution, or death. The agreement must be in a record and signed by both parties. Enforcement may be refused if a term was unconscionable when signed or if enforcement would cause substantial hardship due to a material change in circumstances after signing.
Select any source to read its text and confirm it supports the definition.
Priya Prasad signed a premarital agreement with Pierce Patterson that eliminated all spousal support. Five years later Pierce lost his high-paying job and developed a chronic illness that prevented him from working. Priya now seeks support. The court refuses to enforce the support waiver because enforcement would cause substantial hardship due to the material change in circumstances after the agreement was signed.
Phoebe Park signed a premarital agreement with Parker Phillips before their marriage. After Parker died Phoebe claimed an elective share despite the agreement. The court examines whether the agreement was properly formed and whether any statutory protections for the surviving spouse were satisfied before deciding if the waiver bars the claim.
The agreement must be in a record and signed by both parties. No separate consideration is required. Electronic records and signatures can satisfy these requirements when they create a retrievable document and show clear intent to authenticate the terms.
Supporting sources
The agreement is unenforceable if the party proves she lacked access to independent counsel. Access requires a reasonable time before signing to decide whether to retain counsel, locate a lawyer, obtain advice, and consider it. The other party must be represented and the unrepresented spouse must either be able to afford counsel or have the represented spouse agree to pay reasonable fees.
…chapter 571 (1985 and Supp. 1992); (7) the right to spousal support pursuant to HRS § 572-24 (1985); (8) the right to enter into premarital agreements under HRS chapter 572D (Supp. 1992); (9) the right to change of name pursuant to HRS § 574-5(a)(3) (Supp. 1992); (10) the right to file a nonsupport action under HRS chapter 575 (1985 and…
…Francisco was aware of and acquiesced in this conduct. In addition, Francisco gave Connell an engagement ring and had a prenuptial agreement
…A.2d 162 Majority opinion Opinion of the Court FLAHERTY[^maj-1], Justice. At issue in this appeal is the validity of a prenuptial agreement
…has remarried the testator, could suffer unintentional disinheritance.”). [^maj-16]: See also NRS 123A.030 (stating that a premarital agreement
…Valara lived together for 3 years prior to their marriage. Their wedding was scheduled to be held June 17, 2006. Both had signed premarital agreements
Supporting sources
The agreement must contain either the conspicuous statutory notice of waiver or a plain-language explanation of the rights being modified or waived. A short bolded sentence or vague paragraph is insufficient. The explanation must cover rights to support, property ownership, payment of debts, and rights upon divorce or death.
Supporting sources
Adequate disclosure requires a reasonably accurate description and good-faith estimate of the other party's property, liabilities, and income. Omitting major liabilities or current valuations renders disclosure inadequate. A party may expressly waive further disclosure in a separate signed record or show she already had adequate knowledge.
Supporting sources
A court refuses enforcement when consent was involuntary or the result of duress. Last-minute presentation coupled with threats to cancel the wedding or withhold benefits creates duress by leaving the party with no reasonable alternative. Prior oral discussions do not eliminate the coercive effect of the threats at signing.
Supporting sources