Our client is seeking advice on whether the antenuptial agreement presented to him by his fiancée is valid. He feels that, overall, the terms are fair, but he wonders if it is legally valid, and will stand the test of time. What would you look for if you were asked to review it and present a summary for your attorney to use when discussing it with the client?

Question

What will be an ideal response?

Answer 1

You would probably check to see if the formation was proper:
The intent of the parties is clear.
There has been full disclosure of property, assets, income, and debt.
It is in writing.
It was presented to the client without duress or coercion as to the impending wedding.
There are no provisions that are clearly contrary to public policy.
He has the opportunity to review this with his attorney, but is there an opportunity to negotiate any less-than-optimum provisions?
Was it fair and voluntary?
Is there a designation of a state law that will control the interpretation?
Has your state adopted UPAA provisions?