The Legality of a Prenuptial If Your Are Not Engaged
Prenuptial agreements are tools used by engaged couples to protect their assets upon divorce. There are certain requirements for prenuptial agreements to be considered valid which may be challenged if the prenuptial agreement is not between people intending to be married.
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Definition
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According to "Black's Law Dictionary," a prenuptial agreement is an agreement made before marriage usually to settle property division in the event of divorce.
Requirements
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A prenuptial agreement is a contract entered into in consideration of marriage and must therefore be written to satisfy the Statute of Frauds. The prenuptial agreement may not be entered into in fraud or under duress. The contract is enforceable if consideration is present. In the case of premarital agreements, the consideration is the marriage itself.
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Prenuptial When Not Engaged
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If the couple is not planning on getting married, there may not be consideration and therefore the prenuptial agreement may not be valid. The prenuptial agreement becomes legal when the marriage occurs.
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References
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