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Primary-law evidence · checked 2026-07-18

All 50 states. Inspectable legal resource packages.

These are the only state-law authorities and source locators the analysis model is allowed to cite. Each item has a precise citation, provenance, document-search signals, and questions for licensed counsel.

50 packages are section-verified; 0 are source-catalogued issue-spotting packages. Section-verified packages are ready for the evidence beta. Optional attorney endorsements are tracked and labeled separately.
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Baseline captured 2026-07-23. Access-limited sources and appellate currency checks remain in the manual maintenance queue.

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AL

Alabama

Version
al-2026-07-22.3
Checked
2026-07-22
Effective through
2026-07-22
Resources
17
Research tier
section verified
Source health
current with manual checks

Alabama's statute-of-frauds, interspousal-contract, and survivor-waiver provisions, together with the Barnhill alternative enforcement framework and qualified appellate decisions on fairness, disclosure, counsel, timing, support, children, and later spousal agreements.

formalitiespermitted subjectsfinancial disclosurepropertyvoluntarinessspousal supportindependent counseleffective dateamendment revocationtiminglimitationschild support
MaintenanceNext package review due 2026-10-2017 access checks · 14 later-authority searches
formalitiesAlabama marriage-consideration writing ruleAla. Code § 8-9-2(4) · statute

An agreement, promise, or undertaking made upon consideration of marriage, other than mutual promises to marry, is void unless a writing or memorandum expresses the consideration and is subscribed by the party to be charged or an authorized person.

Scoped statutory propositions

  • An agreement, promise, or undertaking made upon consideration of marriage, other than mutual promises to marry, is void unless a writing or memorandum expresses the consideration and is subscribed by the party to be charged or an authorized person.
  • This provision does not state a categorical notarization requirement; execution formalities and authenticity must still be evaluated under current law.

Questions for counsel

  • Does the complete agreement satisfy section 8-9-2(4)'s writing, consideration-expression, and subscription requirements?
Justia reproduction of 2025 Alabama CodeReviewed 2026-07-22Open cited source ↗
permitted subjectsAlabama interspousal-contract statuteAla. Code § 30-4-9 · statute

Spouses may contract with each other, but their contracts remain subject to the rules governing persons in confidential relations.

Scoped statutory propositions

  • Spouses may contract with each other, but their contracts remain subject to the rules governing persons in confidential relations.
  • Section 30-4-9 principally supplies the statutory context for contracts made after marriage; it is not a complete premarital-enforcement code.

Questions for counsel

  • Is the instrument premarital or a later interspousal contract, and what confidential-relation rules apply?
Justia reproduction of 2025 Alabama CodeReviewed 2026-07-22Open cited source ↗
financial disclosureAlabama surviving-spouse waiver requirementsAla. Code § 43-8-72 · statute

A surviving spouse may waive some or all elective-share, homestead-allowance, exempt-property, and family-allowance rights before or after marriage through a written contract, agreement, or waiver signed after fair disclosure.

Scoped statutory propositions

  • A surviving spouse may waive some or all elective-share, homestead-allowance, exempt-property, and family-allowance rights before or after marriage through a written contract, agreement, or waiver signed after fair disclosure.
  • Probate-rights waiver analysis is distinct from divorce-remedy analysis and turns on the instrument's text and the disclosure record.

Questions for counsel

  • Does a survivor-rights waiver satisfy section 43-8-72's writing, signature, and fair-disclosure requirements?
Justia reproduction of 2025 Alabama CodeReviewed 2026-07-22Open cited source ↗
propertyAlabama Supreme Court survivor-waiver constructionGoodwin v. Goodwin, 592 So. 2d 212 (Ala. 1991) · case reporter

Goodwin construes section 43-8-72 and confirms that the scope of a surviving spouse's waiver depends on the agreement's language, including whether an all-rights clause reaches statutory benefits and pre-waiver testamentary benefits.

Scoped statutory propositions

  • Goodwin construes section 43-8-72 and confirms that the scope of a surviving spouse's waiver depends on the agreement's language, including whether an all-rights clause reaches statutory benefits and pre-waiver testamentary benefits.
  • Goodwin does not make every general property waiver coextensive with section 43-8-72's enumerated all-rights effect.

Questions for counsel

  • Exactly which survivor and testamentary rights does the agreement's language waive?
Justia reproduction of published Alabama appellate opinionReviewed 2026-07-22Open cited source ↗
voluntarinessAlabama appellate premarital-enforcement frameworkBarnhill v. Barnhill, 386 So. 2d 749 (Ala. Civ. App. 1980) · case reporter

The proponent may satisfy Barnhill by showing either adequate consideration and a transaction fair, just, and equitable from the other spouse's perspective, or free and voluntary execution with competent independent advice and full knowledge of the interest in the estate and its approximate value.

Scoped statutory propositions

  • The proponent may satisfy Barnhill by showing either adequate consideration and a transaction fair, just, and equitable from the other spouse's perspective, or free and voluntary execution with competent independent advice and full knowledge of the interest in the estate and its approximate value.
  • The two Barnhill routes are alternatives, and marriage may supply consideration; the inquiry remains closely scrutinized and fact-specific.

Questions for counsel

  • Which Barnhill branch does the proponent invoke, and what evidence proves every part of that alternative?
Alabama Appellate Courts Public PortalReviewed 2026-07-22Open cited source ↗
spousal supportAlabama execution-time fairness alternativeBarnhill v. Barnhill, 386 So. 2d 749 (Ala. Civ. App. 1980) · case reporter

Barnhill's first alternative requires adequate consideration and an entire transaction that was fair, just, and equitable from the resisting spouse's point of view; Hollar confirms the framework remains current.

Scoped statutory propositions

  • Barnhill's first alternative requires adequate consideration and an entire transaction that was fair, just, and equitable from the resisting spouse's point of view; Hollar confirms the framework remains current.
  • A court does not decide the first branch merely by labeling marriage adequate consideration; transactional fairness is an additional requirement.

Questions for counsel

  • Was the entire transaction fair, just, and equitable from the resisting spouse's perspective when executed?
Justia reproduction of published Alabama appellate opinionReviewed 2026-07-22Open cited source ↗
independent counselAlabama independent-advice componentBarnhill v. Barnhill, 386 So. 2d 749 (Ala. Civ. App. 1980) · case reporter

Competent independent advice is part of Barnhill's second alternative, while Rhyne-Morris explains that lack of independent counsel is not by itself categorically fatal on every record.

Scoped statutory propositions

  • Competent independent advice is part of Barnhill's second alternative, while Rhyne-Morris explains that lack of independent counsel is not by itself categorically fatal on every record.
  • Rhyne-Morris involved a choice-of-law dispute and requires governing-law analysis; it does not create a universal counsel safe harbor.

Questions for counsel

  • What independent advice was available and actually received, and which Barnhill alternative governs?
Justia reproduction of published Alabama appellate opinionReviewed 2026-07-22Open cited source ↗
financial disclosureAlabama estate-knowledge componentBarnhill v. Barnhill, 386 So. 2d 749 (Ala. Civ. App. 1980) · case reporter

Barnhill's second alternative requires full knowledge of the interest in the other party's estate and its approximate value; later decisions evaluate whether general knowledge was sufficient on their specific records.

Scoped statutory propositions

  • Barnhill's second alternative requires full knowledge of the interest in the other party's estate and its approximate value; later decisions evaluate whether general knowledge was sufficient on their specific records.
  • Northington concerned a postnuptial agreement and does not excuse inaccurate or strategically incomplete disclosure in every premarital case.

Questions for counsel

  • What did the resisting party know about the estate and approximate values before signing?
Justia reproduction of published Alabama appellate opinionReviewed 2026-07-22Open cited source ↗
effective dateAlabama marriage-consideration ruleBarnhill v. Barnhill, 386 So. 2d 749 (Ala. Civ. App. 1980) · case reporter

Marriage may provide adequate consideration for a contemplated premarital bargain, but Alabama has no codified UPAA applicability date or single statutory transition rule for premarital agreements.

Scoped statutory propositions

  • Marriage may provide adequate consideration for a contemplated premarital bargain, but Alabama has no codified UPAA applicability date or single statutory transition rule for premarital agreements.
  • This record does not invent a uniform-act effective date; historical instruments require current Alabama counsel to retrieve then-applicable statutes and decisions.

Questions for counsel

  • Did the contemplated marriage occur, and what law governed on the execution date?
Justia reproduction of published Alabama appellate opinionReviewed 2026-07-22Open cited source ↗
amendment revocationAlabama later-spousal-agreement boundaryHollar v. Hollar, CL-2022-1230 (Ala. Civ. App. Nov. 9, 2023) · case reporter

Hollar applies the Barnhill standard to both prenuptial and postnuptial agreements; a claimed later change must be classified and reviewed as an amendment, postnuptial bargain, or other interspousal contract under applicable formalities and confidential-relation rules.

Scoped statutory propositions

  • Hollar applies the Barnhill standard to both prenuptial and postnuptial agreements; a claimed later change must be classified and reviewed as an amendment, postnuptial bargain, or other interspousal contract under applicable formalities and confidential-relation rules.
  • Alabama has no UPAA-style codified amendment section, so this package does not infer that every claimed change is valid merely because it is written.

Questions for counsel

  • What instrument or conduct allegedly changed the agreement, and does that transaction satisfy the governing Alabama rules?
Justia reproduction of published Alabama appellate opinionReviewed 2026-07-22Open cited source ↗
voluntarinessAlabama current voluntariness applicationHollar v. Hollar, CL-2022-1230 (Ala. Civ. App. Nov. 9, 2023) · case reporter

Hollar affirmed nonenforcement where the trial court could find that the wife did not voluntarily sign and that the agreement was not fair under Barnhill.

Scoped statutory propositions

  • Hollar affirmed nonenforcement where the trial court could find that the wife did not voluntarily sign and that the agreement was not fair under Barnhill.
  • The second Barnhill branch is broader than a search for formal fraud or duress, and Hollar's result is record-specific.

Questions for counsel

  • What execution evidence supports or defeats free and voluntary assent under the full Barnhill record?
Justia reproduction of published Alabama appellate opinionReviewed 2026-07-22Open cited source ↗
financial disclosureAlabama knowledge and disclosure applicationNorthington v. Northington, 257 So. 3d 326 (Ala. Civ. App. 2017), cert. denied (Ala. 2018) · case reporter

Northington held that general knowledge of the other spouse's estate and what was being relinquished could satisfy Barnhill on a record involving negotiation and counsel even without proof of every exact asset value.

Scoped statutory propositions

  • Northington held that general knowledge of the other spouse's estate and what was being relinquished could satisfy Barnhill on a record involving negotiation and counsel even without proof of every exact asset value.
  • Northington involved a postnuptial agreement and supplies a fact-specific application, not a categorical no-disclosure rule.

Questions for counsel

  • How complete and accurate was the actual knowledge and disclosure record?
Justia reproduction of published Alabama appellate opinionReviewed 2026-07-22Open cited source ↗
independent counselAlabama counsel and governing-law decisionRhyne-Morris v. Morris, 671 So. 2d 748 (Ala. Civ. App. 1995) · case reporter

Rhyne-Morris states that independent counsel is preferred but not categorically required and remanded because the trial court had not properly resolved the agreement's Hawaii choice-of-law issue.

Scoped statutory propositions

  • Rhyne-Morris states that independent counsel is preferred but not categorically required and remanded because the trial court had not properly resolved the agreement's Hawaii choice-of-law issue.
  • The opinion does not eliminate Barnhill's independent-advice component when a proponent relies on its second alternative.

Questions for counsel

  • Which law controls, and what weight should the actual counsel record receive under that law?
Justia reproduction of published Alabama appellate opinionReviewed 2026-07-22Open cited source ↗
timingAlabama signing-timeline applicationBrown v. Brown, 26 So. 3d 1210 (Ala. Civ. App. 2007), aff'd, Ex parte Brown (Ala. 2009) · case reporter

Brown upheld an agreement signed the day before the wedding on its particular evidence and confirms Alabama has no fixed premarital waiting period.

Scoped statutory propositions

  • Brown upheld an agreement signed the day before the wedding on its particular evidence and confirms Alabama has no fixed premarital waiting period.
  • A one-day interval is not a safe harbor; timing remains part of the full fact-specific Barnhill analysis.

Questions for counsel

  • What does the complete drafting, negotiation, advice, and wedding chronology show about voluntary execution?
Justia reproduction of published Alabama appellate opinionReviewed 2026-07-22Open cited source ↗
spousal supportAlabama alimony-waiver decisionEx parte Walters, 580 So. 2d 1352 (Ala. 1991) · case reporter

Walters recognizes enforcement of an alimony waiver in a valid premarital agreement, subject to Alabama's governing enforceability rules.

Scoped statutory propositions

  • Walters recognizes enforcement of an alimony waiver in a valid premarital agreement, subject to Alabama's governing enforceability rules.
  • The case does not make every support waiver enforceable without the antecedent validity analysis.

Questions for counsel

  • Is the agreement valid under Barnhill, and what support rights does its exact language waive?
Justia reproduction of published Alabama appellate opinionReviewed 2026-07-22Open cited source ↗
limitationsAlabama attorney-fee waiver boundaryEx parte Walters, 580 So. 2d 1352 (Ala. 1991) · case reporter

Walters enforced a clause specifically waiving divorce attorney fees unless enforcement would be inequitable and unjust.

Scoped statutory propositions

  • Walters enforced a clause specifically waiving divorce attorney fees unless enforcement would be inequitable and unjust.
  • An alimony waiver does not automatically waive attorney fees; the instrument's precise wording matters.

Questions for counsel

  • Does the agreement specifically reach attorney fees, and would enforcement be inequitable and unjust?
Justia reproduction of published Alabama appellate opinionReviewed 2026-07-22Open cited source ↗
child supportAlabama child-support nonwaiver ruleEx parte Tabor, 897 So. 2d 115 (Ala. 2002) · case reporter

A child's right to support is inherent and cannot be permanently waived by the parents; courts retain authority to impose or modify support under governing law.

Scoped statutory propositions

  • A child's right to support is inherent and cannot be permanently waived by the parents; courts retain authority to impose or modify support under governing law.
  • Tabor arose from child-support orders rather than a premarital agreement, but states the mandatory child-right boundary relevant to any private contract.

Questions for counsel

  • Does any term purport to waive, cap, or remove a child's support right or the court's authority?
Justia reproduction of published Alabama appellate opinionReviewed 2026-07-22Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Alabama guide →View machine-readable package →
AK

Alaska

Version
ak-2026-07-23.3
Checked
2026-07-23
Effective through
2026-07-23
Resources
23
Research tier
section verified
Source health
current with manual checks

Alaska's common-law premarital-agreement framework, exact statutory formalities and domestic-relations boundaries, the separate Community Property Act instrument, probate waivers, and controlling Supreme Court decisions through Kilkenny.

formalitieslimitationspermitted subjectschild supporteffective dateamendment revocationfinancial disclosurepropertyvoluntarinesstimingindependent counselspousal support
MaintenanceNext package review due 2026-10-2114 access checks · 14 later-authority searches
formalitiesAlaska statute-of-frauds formalityAlaska Stat. § 09.25.010(a)(5) · official guidance

An agreement made upon consideration of marriage, other than mutual promises to marry, is unenforceable against the party charged unless the agreement or a note or memorandum is written and subscribed by that party or an authorized agent.

Scoped statutory propositions

  • An agreement made upon consideration of marriage, other than mutual promises to marry, is unenforceable against the party charged unless the agreement or a note or memorandum is written and subscribed by that party or an authorized agent.
  • The general statute does not itself require witnesses or notarization; other transaction-specific formalities and historical law still require review.

Questions for counsel

  • Is the complete instrument written and subscribed by every party against whom enforcement is sought?
Alaska Legislature, official Alaska Statutes PDFReviewed 2026-07-23Open cited source ↗
limitationsAlaska domestic-relations statutory contextAlaska Stat. tit. 25, including § 25.24.160 · official guidance

Title 25 supplies mandatory dissolution, property, support, custody, and child-related rules that operate alongside any premarital agreement.

Scoped statutory propositions

  • Title 25 supplies mandatory dissolution, property, support, custody, and child-related rules that operate alongside any premarital agreement.
  • This title-wide record preserves the existing source ID and official context; section-level case records below supply the premarital-agreement rules.

Questions for counsel

  • Which Title 25 duties or remedies independently govern or limit the disputed term?
Alaska Legislature, official Alaska Statutes PDFReviewed 2026-07-23Open cited source ↗
formalitiesAlaska community-property-agreement formalitiesAlaska Stat. § 34.77.090(a)–(b) · official guidance

The separate Community Property Act instrument must be in a written document signed by both spouses, classify some or all property as community property, and begin with the statute's capital-letter warning; it is enforceable without consideration.

Scoped statutory propositions

  • The separate Community Property Act instrument must be in a written document signed by both spouses, classify some or all property as community property, and begin with the statute's capital-letter warning; it is enforceable without consideration.
  • Section 34.77.090 is not Alaska's general premarital-agreement statute and must not be used to impose its special warning on an ordinary prenup.

Questions for counsel

  • Is this actually a section 34.77.090 community property agreement, and does it satisfy every special formality?
Alaska Legislature, official Alaska Statutes PDFReviewed 2026-07-23Open cited source ↗
permitted subjectsAlaska community-property-agreement subjectsAlaska Stat. § 34.77.090(c)–(d) · official guidance

A qualifying community property agreement may address property rights, management, disposition, estate planning, nonprobate transfers, governing law, and other lawful property matters, but may not adversely affect a child's right to support.

Scoped statutory propositions

  • A qualifying community property agreement may address property rights, management, disposition, estate planning, nonprobate transfers, governing law, and other lawful property matters, but may not adversely affect a child's right to support.
  • The statutory subject list governs the special community-property instrument, not every ordinary Alaska prenup.

Questions for counsel

  • Does each term fall within section 34.77.090 and remain consistent with child-support and public-policy limits?
Alaska Legislature, official Alaska Statutes PDFReviewed 2026-07-23Open cited source ↗
child supportAlaska Community Property Act child-support limitAlaska Stat. § 34.77.090(c) · official guidance

A community property agreement may not adversely affect a child's right to support.

Scoped statutory propositions

  • A community property agreement may not adversely affect a child's right to support.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Could any community-property term adversely affect a child's support right?
Alaska Legislature, official Alaska Statutes PDFReviewed 2026-07-23Open cited source ↗
effective dateAlaska prospective-spouse community-property agreementAlaska Stat. § 34.77.090(f); § 34.77.900(7) · official guidance

People intending to marry may execute a community property agreement as if married, but it becomes effective only when they marry; the chapter's determination date is the latest of marriage, the instrument's effective date, or May 23, 1998.

Scoped statutory propositions

  • People intending to marry may execute a community property agreement as if married, but it becomes effective only when they marry; the chapter's determination date is the latest of marriage, the instrument's effective date, or May 23, 1998.
  • The May 23, 1998 date belongs to the Community Property Act and is not a general prenup applicability date.

Questions for counsel

  • Did the contemplated marriage occur, and what determination date governs the classified property?
Alaska Legislature, official Alaska Statutes PDFReviewed 2026-07-23Open cited source ↗
amendment revocationAlaska community-property amendment and revocationAlaska Stat. § 34.77.090(e) · official guidance

A community property agreement may be amended or revoked only as the agreement itself permits or by a later community property agreement; the statute also contains a qualified surviving-spouse rule for nonprobate dispositions.

Scoped statutory propositions

  • A community property agreement may be amended or revoked only as the agreement itself permits or by a later community property agreement; the statute also contains a qualified surviving-spouse rule for nonprobate dispositions.
  • This writing-specific rule is confined to section 34.77.090 instruments and should not be generalized to every Alaska prenup.

Questions for counsel

  • Which statutory amendment or revocation route supports the claimed change?
Alaska Legislature, official Alaska Statutes PDFReviewed 2026-07-23Open cited source ↗
financial disclosureAlaska community-property enforcement safeguardsAlaska Stat. § 34.77.090(g)–(i) · official guidance

Section 34.77.090 supplies different enforcement formulations for agreements executed during marriage and before marriage, addressing voluntariness, execution-time unconscionability, disclosure, written waiver, and financial notice; the court decides unconscionability as a matter of law.

Scoped statutory propositions

  • Section 34.77.090 supplies different enforcement formulations for agreements executed during marriage and before marriage, addressing voluntariness, execution-time unconscionability, disclosure, written waiver, and financial notice; the court decides unconscionability as a matter of law.
  • Do not import subsection (g)'s during-marriage test into subsection (h)'s premarital instrument test or into an ordinary non-community-property prenup.

Questions for counsel

  • Was the instrument executed before or during marriage, and what evidence addresses every element of the correct subsection?
Alaska Legislature, official Alaska Statutes PDFReviewed 2026-07-23Open cited source ↗
propertyAlaska surviving-spouse waiverAlaska Stat. § 13.12.213 · official guidance

A surviving spouse may waive elective-share, homestead, exempt-property, and family-allowance rights before or after marriage in a signed writing; the statute preserves voluntariness and execution-time unconscionability plus disclosure, written-waiver, and knowledge safeguards.

Scoped statutory propositions

  • A surviving spouse may waive elective-share, homestead, exempt-property, and family-allowance rights before or after marriage in a signed writing; the statute preserves voluntariness and execution-time unconscionability plus disclosure, written-waiver, and knowledge safeguards.
  • Probate-waiver enforceability is a separate inquiry from enforcement of divorce-related terms.

Questions for counsel

  • Does the agreement waive probate rights, and does section 13.12.213's distinct enforcement test apply?
Alaska Legislature, official Alaska Statutes PDFReviewed 2026-07-23Open cited source ↗
voluntarinessAlaska premarital-agreement foundationBrooks v. Brooks, 733 P.2d 1044 (Alaska 1987) · case reporter

Brooks recognizes legally procured and ostensibly fair premarital agreements and asks about fraud, duress, mistake, misrepresentation or material nondisclosure, execution-time unconscionability, and changed circumstances making enforcement unfair or unreasonable.

Scoped statutory propositions

  • Brooks recognizes legally procured and ostensibly fair premarital agreements and asks about fraud, duress, mistake, misrepresentation or material nondisclosure, execution-time unconscionability, and changed circumstances making enforcement unfair or unreasonable.
  • Brooks did not adjudicate a challenge to the validity of the particular agreement before it; later cases refine its framework.

Questions for counsel

  • What evidence addresses each Brooks concern at execution and enforcement?
Justia reproduction of published Alaska Supreme Court opinionReviewed 2026-07-23Open cited source ↗
financial disclosureAlaska material-nondisclosure safeguardBrooks v. Brooks, 733 P.2d 1044 (Alaska 1987) · case reporter

Material nondisclosure, misrepresentation, fraud, mistake, or duress can defeat enforcement under Brooks; the actual schedules, debts, values, and knowledge record must be preserved.

Scoped statutory propositions

  • Material nondisclosure, misrepresentation, fraud, mistake, or duress can defeat enforcement under Brooks; the actual schedules, debts, values, and knowledge record must be preserved.
  • This record does not invent a UPAA disclosure-waiver safe harbor for ordinary Alaska prenups.

Questions for counsel

  • Was any material property or obligation omitted or misrepresented, and what did the other party actually know?
Justia reproduction of published Alaska Supreme Court opinionReviewed 2026-07-23Open cited source ↗
voluntarinessAlaska essential voluntariness factorsAndrew B. v. Abbie B., 494 P.3d 522 (Alaska 2021) · case reporter

Andrew requires a combined, fact-specific evaluation of time to review, ability and opportunity to consult independent counsel meaningfully, and ability to understand the agreement; no single factor is dispositive and ordinary duress is not the exclusive test.

Scoped statutory propositions

  • Andrew requires a combined, fact-specific evaluation of time to review, ability and opportunity to consult independent counsel meaningfully, and ability to understand the agreement; no single factor is dispositive and ordinary duress is not the exclusive test.
  • The resisting party's facts must be evaluated together; a signature recital or absence of classic duress is not a categorical safe harbor.

Questions for counsel

  • What does the complete record show about all three essential Andrew factors?
Justia reproduction of published Alaska Supreme Court opinionReviewed 2026-07-23Open cited source ↗
timingAlaska signing-timeline analysisAndrew B. v. Abbie B., 494 P.3d 522 (Alaska 2021) · case reporter

Alaska has no fixed statutory waiting-period safe harbor for an ordinary prenup; Andrew makes the actual time to receive, review, understand, and respond to the agreement essential to voluntariness.

Scoped statutory propositions

  • Alaska has no fixed statutory waiting-period safe harbor for an ordinary prenup; Andrew makes the actual time to receive, review, understand, and respond to the agreement essential to voluntariness.
  • Andrew remanded because the findings did not address all essential factors; it does not establish a universally sufficient number of days.

Questions for counsel

  • When was each draft and schedule delivered, and what meaningful review time remained?
Justia reproduction of published Alaska Supreme Court opinionReviewed 2026-07-23Open cited source ↗
independent counselAlaska meaningful counsel-opportunity ruleAndrew B. v. Abbie B., 494 P.3d 522 (Alaska 2021) · case reporter

The focus is not merely whether separate counsel appeared, but whether the party had the ability and opportunity to consult independent counsel in a meaningful way.

Scoped statutory propositions

  • The focus is not merely whether separate counsel appeared, but whether the party had the ability and opportunity to consult independent counsel in a meaningful way.
  • Actual representation is powerful evidence but not a substitute for the full Andrew voluntariness analysis.

Questions for counsel

  • Was a meaningful opportunity for independent advice realistically available before execution?
Justia reproduction of published Alaska Supreme Court opinionReviewed 2026-07-23Open cited source ↗
propertyAlaska contract construction and anti-rewriting ruleAndrew B. v. Abbie B., 494 P.3d 522 (Alaska 2021) · case reporter

Ordinary contract interpretation applies, but a court may not add a benefit, fund, or promise the parties did not make merely to repair a one-sided agreement.

Scoped statutory propositions

  • Ordinary contract interpretation applies, but a court may not add a benefit, fund, or promise the parties did not make merely to repair a one-sided agreement.
  • Fairness challenges remain available even when a court cannot rewrite the instrument.

Questions for counsel

  • What does the executed text actually promise, without adding terms to improve the bargain?
Justia reproduction of published Alaska Supreme Court opinionReviewed 2026-07-23Open cited source ↗
effective dateAlaska marriage consideration and effectivenessAndrew B. v. Abbie B., 494 P.3d 522 (Alaska 2021) · case reporter

For an ordinary premarital agreement, the contemplated marriage supplies consideration; adequacy of the bargain is addressed through fairness rather than by inventing an unstated promise.

Scoped statutory propositions

  • For an ordinary premarital agreement, the contemplated marriage supplies consideration; adequacy of the bargain is addressed through fairness rather than by inventing an unstated promise.
  • Alaska has not adopted UPMAA, so historical instruments require the statutes and decisions effective when signed and enforced.

Questions for counsel

  • Did the contemplated marriage occur, and is the objection really consideration, construction, or fairness?
Justia reproduction of published Alaska Supreme Court opinionReviewed 2026-07-23Open cited source ↗
propertyAlaska property treatment and transmutationCompton v. Compton, 902 P.2d 805 (Alaska 1995) · case reporter

A valid prenup is persuasive but not conclusive evidence of intent to keep property separate; a court may examine the parties' treatment of particular assets and find transmutation while the agreement remains valid.

Scoped statutory propositions

  • A valid prenup is persuasive but not conclusive evidence of intent to keep property separate; a court may examine the parties' treatment of particular assets and find transmutation while the agreement remains valid.
  • Compton does not hold that marital conduct formally amends or waives the agreement.

Questions for counsel

  • Did the parties handle each disputed asset consistently with the agreement or show a later intent to treat it as marital?
Justia reproduction of published Alaska Supreme Court opinionReviewed 2026-07-23Open cited source ↗
amendment revocationAlaska later-conduct classification boundaryCompton v. Compton, 902 P.2d 805 (Alaska 1995) · case reporter

Alaska has no general UPAA amendment section for ordinary prenups; Compton distinguishes asset-specific transmutation evidence from formal modification or waiver of the agreement.

Scoped statutory propositions

  • Alaska has no general UPAA amendment section for ordinary prenups; Compton distinguishes asset-specific transmutation evidence from formal modification or waiver of the agreement.
  • The separate section 34.77.090(e) rule applies only to a qualifying community property agreement.

Questions for counsel

  • Is the claimed change a formal amendment, waiver, later contract, or evidence about the character of a particular asset?
Justia reproduction of published Alaska Supreme Court opinionReviewed 2026-07-23Open cited source ↗
limitationsAlaska current two-step enforcement frameworkKilkenny v. Kilkenny, No. S-18602, Opinion No. 7787 (Alaska Sept. 19, 2025) · case reporter

Kilkenny confirms the court first asks whether execution was voluntary, then whether the agreement was unconscionable when executed or later circumstances make enforcement unfair and unreasonable; it expressly notes Alaska has not adopted UPMAA.

Scoped statutory propositions

  • Kilkenny confirms the court first asks whether execution was voluntary, then whether the agreement was unconscionable when executed or later circumstances make enforcement unfair and unreasonable; it expressly notes Alaska has not adopted UPMAA.
  • The opinion was issued as Opinion No. 7787; counsel must check later corrections, reporter publication, and subsequent history.

Questions for counsel

  • How does the evidence fit Kilkenny's two-step framework and the law applicable on the execution date?
Justia reproduction of published Alaska Supreme Court opinionReviewed 2026-07-23Open cited source ↗
spousal supportAlaska selective-enforcement remedyKilkenny v. Kilkenny, No. S-18602, Opinion No. 7787 (Alaska Sept. 19, 2025) · case reporter

A court may selectively strike terms made unfair or unreasonable by material changed circumstances without voiding the entire agreement, but it may not add new promises and must explain term-by-term choices sufficiently for appellate review.

Scoped statutory propositions

  • A court may selectively strike terms made unfair or unreasonable by material changed circumstances without voiding the entire agreement, but it may not add new promises and must explain term-by-term choices sufficiently for appellate review.
  • Selective nonenforcement is equitable and fact-specific; it is not permission to rewrite an unfavorable bargain.

Questions for counsel

  • Which exact terms are affected by changed circumstances, and what findings support enforcing or striking each one?
Justia reproduction of published Alaska Supreme Court opinionReviewed 2026-07-23Open cited source ↗
spousal supportAlaska domestic-violence changed-circumstances analysisKilkenny v. Kilkenny, No. S-18602, Opinion No. 7787 (Alaska Sept. 19, 2025) · case reporter

Kilkenny holds that domestic violence and coercive financial control during marriage may be material changed circumstances making particular attorney-fee, support, or property-remedy restrictions unfair or unreasonable.

Scoped statutory propositions

  • Kilkenny holds that domestic violence and coercive financial control during marriage may be material changed circumstances making particular attorney-fee, support, or property-remedy restrictions unfair or unreasonable.
  • The holding requires evidence and term-specific findings; it does not automatically void every agreement involving alleged abuse.

Questions for counsel

  • Did later abuse or coercive control interact with specific terms so that their enforcement would be unfair or unreasonable?
Justia reproduction of published Alaska Supreme Court opinionReviewed 2026-07-23Open cited source ↗
child supportAlaska child-support judicial-review boundaryNix v. Nix, 855 P.2d 1332 (Alaska 1993); Alaska Civil Rule 90.3 · case reporter

No private child-support waiver is valid without judicial scrutiny under Civil Rule 90.3, and parents may not contract around the child's right or the court's guideline and modification duties.

Scoped statutory propositions

  • No private child-support waiver is valid without judicial scrutiny under Civil Rule 90.3, and parents may not contract around the child's right or the court's guideline and modification duties.
  • Nix addressed a post-dissolution waiver, but states the mandatory judicial-review boundary relevant to a premarital term.

Questions for counsel

  • Does any term purport to predetermine, waive, or cap support without the required current judicial review?
Justia reproduction of published Alaska Supreme Court opinionReviewed 2026-07-23Open cited source ↗
child supportAlaska custody decision-maker boundaryDirkes v. Dirkes, 502 P.3d 1115 (Alaska 2022) (Opinion No. 7575) · case reporter

Trial courts, not parents, are the ultimate custody decision makers and are not bound by private agreements; current best-interests law controls.

Scoped statutory propositions

  • Trial courts, not parents, are the ultimate custody decision makers and are not bound by private agreements; current best-interests law controls.
  • The online opinion page is dated 2021 while the published reporter citation is 2022; counsel must apply the current Title 25 custody statutes and rules.

Questions for counsel

  • Does the agreement attempt to bind a future court on custody or parenting rather than preserve a nonbinding preference?
Justia reproduction of published Alaska Supreme Court opinionReviewed 2026-07-23Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Alaska guide →View machine-readable package →
AZ

Arizona

Version
az-2026-07-20.3
Checked
2026-07-20
Effective through
2026-07-20
Resources
10
Research tier
section verified
Source health
current

Arizona Uniform Premarital Agreement Act, A.R.S. §§ 25-201–205, with section-level records for formation, effectiveness, enforcement, disclosure, support, permitted subjects, amendment, void marriage, and limitations.

formalitieseffective datevoluntarinessfinancial disclosurepublic assistancevoid marriagepermitted subjectschild supportamendment revocationlimitations
MaintenanceNext package review due 2026-10-180 access checks · 0 later-authority searches
formalitiesArizona writing and signature requirementsA.R.S. § 25-202(A) · statute

An Arizona premarital agreement must be in writing and signed by both parties and is enforceable without consideration.

Scoped statutory propositions

  • An Arizona premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
  • The record should preserve the complete signed agreement and every incorporated schedule.

Questions for counsel

  • Is the complete agreement, including every referenced schedule, written and signed by both parties?
Arizona LegislatureReviewed 2026-07-20Open cited source ↗
effective dateArizona effective dateA.R.S. § 25-202(B) · statute

An Arizona premarital agreement becomes effective on the parties' marriage.

Scoped statutory propositions

  • An Arizona premarital agreement becomes effective on the parties' marriage.
  • The marriage event and agreement execution date should be distinguished in the factual timeline.

Questions for counsel

  • Did the contemplated marriage occur, and what date did the agreement become effective?
Arizona LegislatureReviewed 2026-07-20Open cited source ↗
voluntarinessArizona voluntary-execution safeguardA.R.S. § 25-202(C)(1) · statute

The party resisting enforcement may prove that the agreement was not executed voluntarily.

Scoped statutory propositions

  • The party resisting enforcement may prove that the agreement was not executed voluntarily.
  • Draft history, negotiation timing, communications, counsel records, and signing circumstances can be relevant evidence for counsel to assess.

Questions for counsel

  • What admissible evidence bears on whether execution was voluntary?
Arizona LegislatureReviewed 2026-07-20Open cited source ↗
financial disclosureArizona disclosure and knowledge safeguardA.R.S. § 25-202(C)(2) · statute

For the statutory unconscionability ground, Arizona also examines fair and reasonable disclosure, written waiver of further disclosure, and adequate knowledge of the other party's property or obligations.

Scoped statutory propositions

  • For the statutory unconscionability ground, Arizona also examines fair and reasonable disclosure, written waiver of further disclosure, and adequate knowledge of the other party's property or obligations.
  • Section 25-202(C)(2) should be read as a complete test; a checklist does not decide whether its elements are met.

Questions for counsel

  • What disclosure, waiver, and knowledge evidence addresses each part of section 25-202(C)(2)?
Arizona LegislatureReviewed 2026-07-20Open cited source ↗
public assistanceArizona public-assistance support safeguardA.R.S. § 25-202(D) · statute

A court may require support to the extent necessary to avoid public-assistance eligibility caused by a premarital support modification or elimination.

Scoped statutory propositions

  • A court may require support to the extent necessary to avoid public-assistance eligibility caused by a premarital support modification or elimination.
  • The statute frames this safeguard at separation or marital dissolution.

Questions for counsel

  • Could the support provision cause public-assistance eligibility at separation or dissolution?
Arizona LegislatureReviewed 2026-07-20Open cited source ↗
void marriageArizona void-marriage ruleA.R.S. § 25-202(F) · statute

If a marriage is determined to be void, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

Scoped statutory propositions

  • If a marriage is determined to be void, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
  • This provision does not itself predict what relief a court would find necessary.

Questions for counsel

  • If marriage validity is disputed, how could section 25-202(F) affect the requested relief?
Arizona LegislatureReviewed 2026-07-20Open cited source ↗
permitted subjectsArizona permitted agreement subjectsA.R.S. § 25-203(A) · statute

Arizona lists property rights and management, disposition, spousal support, estate planning, insurance, choice of law, and other lawful personal rights and obligations as permitted subjects.

Scoped statutory propositions

  • Arizona lists property rights and management, disposition, spousal support, estate planning, insurance, choice of law, and other lawful personal rights and obligations as permitted subjects.
  • Other matters remain limited by public policy and statutes imposing criminal penalties.

Questions for counsel

  • Which agreement clauses depend on a deed, will, trust, insurance designation, or other implementing document?
Arizona LegislatureReviewed 2026-07-20Open cited source ↗
child supportArizona child-support limitationA.R.S. § 25-203(B) · statute

An Arizona premarital agreement may not adversely affect a child's right to support.

Scoped statutory propositions

  • An Arizona premarital agreement may not adversely affect a child's right to support.
  • Child-related language requires separate review rather than treatment as an ordinary contractual allocation.

Questions for counsel

  • Does any provision purport to adversely affect a child's support right?
Arizona LegislatureReviewed 2026-07-20Open cited source ↗
amendment revocationArizona amendment and revocation formalitiesA.R.S. § 25-204 · statute

After marriage, an Arizona premarital agreement may be amended or revoked only by a written agreement signed by the parties.

Scoped statutory propositions

  • After marriage, an Arizona premarital agreement may be amended or revoked only by a written agreement signed by the parties.
  • The amendment or revocation is enforceable without consideration.

Questions for counsel

  • Are all claimed amendments or revocations written, signed, and matched to the operative agreement?
Arizona LegislatureReviewed 2026-07-20Open cited source ↗
limitationsArizona limitation-of-actions ruleA.R.S. § 25-205 · statute

An applicable limitations period for relief under a premarital agreement is tolled during marriage, while equitable defenses including laches and estoppel remain available.

Scoped statutory propositions

  • An applicable limitations period for relief under a premarital agreement is tolled during marriage, while equitable defenses including laches and estoppel remain available.
  • Contract language should not be assumed to displace the statutory tolling rule or equitable defenses.

Questions for counsel

  • How do the statutory tolling rule and available equitable defenses affect the timing issue?
Arizona LegislatureReviewed 2026-07-20Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Arizona guide →View machine-readable package →
AR

Arkansas

Version
ar-2026-07-22.3
Checked
2026-07-22
Effective through
2026-07-22
Resources
15
Research tier
section verified
Source health
current with manual checks

Arkansas Premarital Agreement Act, Ark. Code Ann. §§ 9-11-401–413, with enrolled-act text, the 2017 acknowledgment amendment, and appellate interpretations.

propertyformalitiespermitted subjectschild supporteffective dateamendment revocationvoluntarinessfinancial disclosureindependent counselpublic assistancevoid marriagelimitations
MaintenanceNext package review due 2026-10-203 access checks · 3 later-authority searches
propertyArkansas definitionsArk. Code Ann. § 9-11-401; 1987 Ark. Acts 715, § 1 · statute

A premarital agreement is a written agreement between prospective spouses made in contemplation of marriage; property includes broad present, future, income, and earnings interests.

Scoped statutory propositions

  • A premarital agreement is a written agreement between prospective spouses made in contemplation of marriage; property includes broad present, future, income, and earnings interests.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Does the document and disputed interest fit the statutory definitions?
Arkansas General AssemblyReviewed 2026-07-22Open cited source ↗
formalitiesArkansas writing, signature, and acknowledgmentArk. Code Ann. § 9-11-402; 2017 Ark. Acts 654 · statute

An agreement must be written, signed, and acknowledged by both parties; the 2017 amendment supplies four alternative acknowledgment methods.

Scoped statutory propositions

  • An agreement must be written, signed, and acknowledged by both parties; the 2017 amendment supplies four alternative acknowledgment methods.
  • The alternatives include an authorized-officer declaration, attorney affirmations, a notarized agreement with specified statements, or two disinterested witnesses.

Questions for counsel

  • Which statutory acknowledgment route does the execution record establish?
Arkansas General AssemblyReviewed 2026-07-22Open cited source ↗
permitted subjectsArkansas permitted subjectsArk. Code Ann. § 9-11-403(a); 1987 Ark. Acts 715, § 3(a) · statute

Permitted subjects include property, disposition, support, estate planning, life insurance, governing law, and other lawful personal rights and obligations.

Scoped statutory propositions

  • Permitted subjects include property, disposition, support, estate planning, life insurance, governing law, and other lawful personal rights and obligations.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Does each material clause fit a permitted and lawful subject?
Arkansas General AssemblyReviewed 2026-07-22Open cited source ↗
child supportArkansas child-support limitArk. Code Ann. § 9-11-403(b) · statute

A premarital agreement may not adversely affect a child's right to support.

Scoped statutory propositions

  • A premarital agreement may not adversely affect a child's right to support.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Does any term adversely affect a child's support right?
Arkansas General AssemblyReviewed 2026-07-22Open cited source ↗
effective dateArkansas effect of marriageArk. Code Ann. § 9-11-404 · statute

The agreement becomes effective upon marriage.

Scoped statutory propositions

  • The agreement becomes effective upon marriage.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Did the contemplated marriage occur and when did the agreement become effective?
Arkansas General AssemblyReviewed 2026-07-22Open cited source ↗
amendment revocationArkansas amendment and revocationArk. Code Ann. § 9-11-405 · statute

After marriage, amendment or revocation requires a written agreement signed by both parties.

Scoped statutory propositions

  • After marriage, amendment or revocation requires a written agreement signed by both parties.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Is every claimed change supported by the required signed writing?
Arkansas General AssemblyReviewed 2026-07-22Open cited source ↗
voluntarinessArkansas voluntary-execution safeguardArk. Code Ann. § 9-11-406(a)(1) · statute

A resisting party may prove that the agreement was not executed voluntarily.

Scoped statutory propositions

  • A resisting party may prove that the agreement was not executed voluntarily.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • What admissible evidence bears on voluntary execution?
Arkansas General AssemblyReviewed 2026-07-22Open cited source ↗
financial disclosureArkansas unconscionability and disclosureArk. Code Ann. § 9-11-406(a)(2), (c) · statute

The execution-time unconscionability ground also requires no fair disclosure, no qualifying written waiver after consulting counsel, and no adequate financial knowledge.

Scoped statutory propositions

  • The execution-time unconscionability ground also requires no fair disclosure, no qualifying written waiver after consulting counsel, and no adequate financial knowledge.
  • The court decides unconscionability as a matter of law; the statutory conditions are conjunctive.

Questions for counsel

  • What evidence addresses every component of section 9-11-406(a)(2)?
Arkansas General AssemblyReviewed 2026-07-22Open cited source ↗
independent counselArkansas disclosure-waiver counsel conditionArk. Code Ann. § 9-11-406(a)(2)(ii) · statute

The disclosure branch asks whether further disclosure was expressly waived in writing after consulting legal counsel.

Scoped statutory propositions

  • The disclosure branch asks whether further disclosure was expressly waived in writing after consulting legal counsel.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Was any waiver written, express, voluntary, and made after counsel consultation?
Arkansas General AssemblyReviewed 2026-07-22Open cited source ↗
public assistanceArkansas public-assistance safeguardArk. Code Ann. § 9-11-406(b) · statute

A court may require support as necessary to avoid public-assistance eligibility caused by a support term at separation or dissolution.

Scoped statutory propositions

  • A court may require support as necessary to avoid public-assistance eligibility caused by a support term at separation or dissolution.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Could the support term trigger this safeguard?
Arkansas General AssemblyReviewed 2026-07-22Open cited source ↗
void marriageArkansas void-marriage ruleArk. Code Ann. § 9-11-407 · statute

For a void marriage, an otherwise premarital agreement is enforceable only as necessary to avoid an inequitable result.

Scoped statutory propositions

  • For a void marriage, an otherwise premarital agreement is enforceable only as necessary to avoid an inequitable result.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • How could marriage validity affect relief?
Arkansas General AssemblyReviewed 2026-07-22Open cited source ↗
limitationsArkansas limitations and applicability historyArk. Code Ann. §§ 9-11-408–412; 1987 Ark. Acts 715, §§ 8–12 · statute

Arkansas tolls limitations during marriage, preserves laches and estoppel, and applies the Act to agreements executed on or after July 1, 1987.

Scoped statutory propositions

  • Arkansas tolls limitations during marriage, preserves laches and estoppel, and applies the Act to agreements executed on or after July 1, 1987.
  • Act 715 was approved April 7, 1987 and repealed the conflicting 1981 enactment.

Questions for counsel

  • Do date, tolling, or equitable defenses affect the claim?
Arkansas General AssemblyReviewed 2026-07-22Open cited source ↗
financial disclosureArkansas Supreme Court enforcement interpretationBanks v. Evans, 347 Ark. 383, 64 S.W.3d 746 (2002) · case reporter

Banks applies section 9-11-406 and evaluates experience, education, financial knowledge, disclosure, waiver, counsel certification, and opportunity to read.

Scoped statutory propositions

  • Banks applies section 9-11-406 and evaluates experience, education, financial knowledge, disclosure, waiver, counsel certification, and opportunity to read.
  • Banks affirmed enforcement on its specific record; its result should not be generalized.

Questions for counsel

  • Which Banks facts are supported here?
Justia reproduction of Arkansas appellate opinionReviewed 2026-07-22Open cited source ↗
voluntarinessArkansas execution and disclosure analysisMays v. Mullins, 2018 Ark. App. 200 · case reporter

Mays affirmed enforcement after reviewing signature and witness proof, credibility, disclosed assets, knowledge, and the separate voluntariness and unconscionability paths.

Scoped statutory propositions

  • Mays affirmed enforcement after reviewing signature and witness proof, credibility, disclosed assets, knowledge, and the separate voluntariness and unconscionability paths.
  • The opinion stresses the resisting party's statutory burden on its record.

Questions for counsel

  • How does this execution and disclosure record compare with Mays?
Justia reproduction of Arkansas appellate opinionReviewed 2026-07-22Open cited source ↗
amendment revocationArkansas formal-revocation interpretationRogers v. Rogers, No. CA01-790 (Ark. Ct. App. June 19, 2002) (not designated for publication) · case reporter

Rogers concluded that partial property stipulations did not themselves formally revoke the entire agreement.

Scoped statutory propositions

  • Rogers concluded that partial property stipulations did not themselves formally revoke the entire agreement.
  • The opinion was not designated for publication; counsel must determine permissible use and not treat it as controlling.

Questions for counsel

  • Is there a compliant formal change and what weight may Rogers receive?
Justia reproduction of Arkansas appellate opinionReviewed 2026-07-22Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Arkansas guide →View machine-readable package →
CA

California

Version
ca-2026-07-18.3
Checked
2026-07-18
Effective through
2026-07-18
Resources
9
Research tier
section verified
Source health
current

California Family Code sections 1611–1616: execution, content, support limits, amendment, voluntariness, disclosure, counsel, timing, and void marriages.

formalitiespermitted subjectschild supportspousal supporteffective dateamendment revocationfinancial disclosuretimingvoid marriage
MaintenanceNext package review due 2026-10-160 access checks · 0 later-authority searches
formalitiesCalifornia premarital-agreement formalitiesCal. Fam. Code § 1611 · statute

A premarital agreement must be written and signed by both parties.

Scoped statutory propositions

  • A premarital agreement must be written and signed by both parties.
  • The agreement is enforceable without consideration.

Questions for counsel

  • Are the final agreement and every incorporated schedule complete and signed by both parties?
California Legislative InformationReviewed 2026-07-18Open cited source ↗
permitted subjectsCalifornia permitted subjectsCal. Fam. Code § 1612(a) · statute

The statute lists property, disposition, estate-planning, insurance, choice-of-law, and other lawful subjects.

Scoped statutory propositions

  • The statute lists property, disposition, estate-planning, insurance, choice-of-law, and other lawful subjects.
  • Other personal rights and obligations remain subject to public policy and criminal statutes.

Questions for counsel

  • Which provisions depend on another estate-planning, insurance, or title document?
California Legislative InformationReviewed 2026-07-18Open cited source ↗
child supportCalifornia child-support limitationCal. Fam. Code § 1612(b) · statute

A premarital agreement may not adversely affect a child's right to support.

Scoped statutory propositions

  • A premarital agreement may not adversely affect a child's right to support.

Questions for counsel

  • Does any child-related language attempt to predetermine an issue the court must decide?
California Legislative InformationReviewed 2026-07-18Open cited source ↗
spousal supportCalifornia spousal-support provisionsCal. Fam. Code § 1612(c) · statute

California places counsel and unconscionability limits on premarital spousal-support provisions.

Scoped statutory propositions

  • California places counsel and unconscionability limits on premarital spousal-support provisions.
  • A support provision may not be enforceable against a party who lacked independent counsel when signing.
  • The provision may also be examined for unconscionability at enforcement.
  • Representation alone does not necessarily cure an otherwise unenforceable provision.

Questions for counsel

  • Was each party independently represented when the support provision was signed?
  • How could circumstances at enforcement affect the support provision?
California Legislative InformationReviewed 2026-07-18Open cited source ↗
effective dateCalifornia effective dateCal. Fam. Code § 1613 · statute

A premarital agreement becomes effective upon marriage.

Scoped statutory propositions

  • A premarital agreement becomes effective upon marriage.

Questions for counsel

  • Does the draft distinguish pre-marriage obligations from those effective upon marriage?
California Legislative InformationReviewed 2026-07-18Open cited source ↗
amendment revocationCalifornia amendment or revocationCal. Fam. Code § 1614 · statute

After marriage, amendment or revocation requires a written agreement signed by the parties.

Scoped statutory propositions

  • After marriage, amendment or revocation requires a written agreement signed by the parties.
  • The amendment or revocation is enforceable without consideration.

Questions for counsel

  • Does the amendment clause preserve the signed-writing requirement after marriage?
California Legislative InformationReviewed 2026-07-18Open cited source ↗
financial disclosureCalifornia voluntariness and financial disclosureCal. Fam. Code § 1615(a)–(b) · statute

The enforcement framework addresses voluntary execution, unconscionability, disclosure, written waiver, and adequate knowledge.

Scoped statutory propositions

  • The enforcement framework addresses voluntary execution, unconscionability, disclosure, written waiver, and adequate knowledge.
  • The statute calls for fair, reasonable, and full disclosure in its unconscionability framework.
  • It also addresses written waiver of further disclosure and adequate knowledge of property or obligations.
  • The court decides unconscionability as a matter of law.

Questions for counsel

  • What disclosure was actually delivered, when, and with what supporting values?
  • Does any disclosure waiver satisfy the statute under the signing facts?
California Legislative InformationReviewed 2026-07-18Open cited source ↗
timingCalifornia counsel and seven-day protectionsCal. Fam. Code § 1615(c)(1)–(3) · statute

The voluntariness framework includes counsel advisement, a seven-calendar-day period, and written protections for an unrepresented party.

Scoped statutory propositions

  • The voluntariness framework includes counsel advisement, a seven-calendar-day period, and written protections for an unrepresented party.
  • For agreements executed on or after January 1, 2020, the statute describes at least seven calendar days between first presentation of the final agreement and signing.
  • An unrepresented party must receive a written explanation of terms, basic effect, and relinquished rights and sign a prescribed declaration.

Questions for counsel

  • When was the final agreement first presented, and when was it signed?
  • If either party was unrepresented, where are the separate waiver, explanation, and receipt declaration?
California Legislative InformationReviewed 2026-07-18Open cited source ↗
void marriageCalifornia void-marriage ruleCal. Fam. Code § 1616 · statute

If the marriage is void, the agreement is enforceable only as necessary to avoid an inequitable result.

Scoped statutory propositions

  • If the marriage is void, the agreement is enforceable only as necessary to avoid an inequitable result.

Questions for counsel

  • Does any unusual marriage-status issue require analysis under section 1616?
California Legislative InformationReviewed 2026-07-18Open cited source ↗
Package limitations
  • This statutory package does not encode California case law or decide how a court would apply the statutes to particular facts.
  • Attorney review is optional and can add a professional opinion; it is not a prerequisite for using this source-bound research package.
Read the California guide →View machine-readable package →
CO

Colorado

Version
co-2026-07-22.3
Checked
2026-07-22
Effective through
2026-07-22
Resources
16
Research tier
section verified
Source health
current with manual checks

Colorado Uniform Premarital and Marital Agreements Act, C.R.S. §§ 14-2-301–313, with current sections, enactment history, and qualified appellate interpretations.

propertyeffective datepermitted subjectsformalitiesvoid marriagevoluntarinessindependent counselfinancial disclosurespousal supportchild supportlimitations
MaintenanceNext package review due 2026-10-2016 access checks · 2 later-authority searches
propertyColorado definitionsC.R.S. § 14-2-302 · statute

Colorado defines premarital and marital agreements, amendment, marital rights, property, records, and signatures, including electronic records and signatures.

Scoped statutory propositions

  • Colorado defines premarital and marital agreements, amendment, marital rights, property, records, and signatures, including electronic records and signatures.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Which agreement category applies and is any record or signature electronic?
Justia reproduction of Colorado Revised StatutesReviewed 2026-07-22Open cited source ↗
effective dateColorado scope and applicabilityC.R.S. § 14-2-303 · statute

The current part applies to agreements signed on or after July 1, 2014 and preserves rights under earlier agreements.

Scoped statutory propositions

  • The current part applies to agreements signed on or after July 1, 2014 and preserves rights under earlier agreements.
  • The part excludes specified court-approval and anticipated-or-pending dissolution agreements.

Questions for counsel

  • Which statutory regime applies?
Justia reproduction of Colorado Revised StatutesReviewed 2026-07-22Open cited source ↗
permitted subjectsColorado governing-law ruleC.R.S. § 14-2-304 · statute

Chosen law requires a significant relationship at signing and no conflict with section 14-2-309 or fundamental Colorado public policy.

Scoped statutory propositions

  • Chosen law requires a significant relationship at signing and no conflict with section 14-2-309 or fundamental Colorado public policy.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Does the chosen jurisdiction satisfy both conditions?
Justia reproduction of Colorado Revised StatutesReviewed 2026-07-22Open cited source ↗
formalitiesColorado signed-record requirementC.R.S. § 14-2-306 · statute

An agreement must be in a record and signed by both parties and is enforceable without consideration.

Scoped statutory propositions

  • An agreement must be in a record and signed by both parties and is enforceable without consideration.
  • Electronic records and signatures can qualify, but the complete record must be preserved.

Questions for counsel

  • Is the complete record signed by both parties?
Justia reproduction of Colorado Revised StatutesReviewed 2026-07-22Open cited source ↗
permitted subjectsColorado agreement scope and limitsC.R.S. §§ 14-2-302(4)–(5), 14-2-310 · statute

Colorado permits modification of defined marital rights but bars specified child, domestic-violence, dissolution-penalty, and public-policy terms.

Scoped statutory propositions

  • Colorado permits modification of defined marital rights but bars specified child, domestic-violence, dissolution-penalty, and public-policy terms.
  • Custodial-responsibility terms are not binding on the court.

Questions for counsel

  • Is each term within the Act and outside section 14-2-310's prohibitions?
Justia reproduction of Colorado Revised StatutesReviewed 2026-07-22Open cited source ↗
effective dateColorado agreement effectivenessC.R.S. § 14-2-307 · statute

A premarital agreement takes effect on marriage; a marital agreement takes effect when both parties sign.

Scoped statutory propositions

  • A premarital agreement takes effect on marriage; a marital agreement takes effect when both parties sign.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • When did the agreement become effective?
Justia reproduction of Colorado Revised StatutesReviewed 2026-07-22Open cited source ↗
void marriageColorado void-marriage ruleC.R.S. § 14-2-308 · statute

For a void marriage, a premarital agreement is enforceable only as necessary to avoid an inequitable result.

Scoped statutory propositions

  • For a void marriage, a premarital agreement is enforceable only as necessary to avoid an inequitable result.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • How could marriage validity affect relief?
Justia reproduction of Colorado Revised StatutesReviewed 2026-07-22Open cited source ↗
voluntarinessColorado voluntariness and duressC.R.S. § 14-2-309(1)(a) · statute

An agreement is unenforceable if the resisting party proves consent was involuntary or resulted from duress.

Scoped statutory propositions

  • An agreement is unenforceable if the resisting party proves consent was involuntary or resulted from duress.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • What evidence supports or undermines involuntariness or duress?
Justia reproduction of Colorado Revised StatutesReviewed 2026-07-22Open cited source ↗
independent counselColorado access to independent representationC.R.S. § 14-2-309(1)(b), (2) · statute

Access requires reasonable time to decide, locate counsel, obtain and consider advice, plus financial ability or paid reasonable fees when the other party is represented.

Scoped statutory propositions

  • Access requires reasonable time to decide, locate counsel, obtain and consider advice, plus financial ability or paid reasonable fees when the other party is represented.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • What establishes each part of statutory access?
Justia reproduction of Colorado Revised StatutesReviewed 2026-07-22Open cited source ↗
independent counselColorado waiver-notice safeguardC.R.S. § 14-2-309(1)(c), (3) · statute

Unless represented at signing, a party must receive the prescribed conspicuous notice or a plain-language explanation of modified or waived rights.

Scoped statutory propositions

  • Unless represented at signing, a party must receive the prescribed conspicuous notice or a plain-language explanation of modified or waived rights.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • What exact text and formatting satisfy subsection (3)?
Justia reproduction of Colorado Revised StatutesReviewed 2026-07-22Open cited source ↗
financial disclosureColorado financial-disclosure safeguardC.R.S. § 14-2-309(1)(d), (4) · statute

Before signing, a party needs reasonably accurate property, liability, and income information plus good-faith values, or adequate knowledge or a reasonable basis for it.

Scoped statutory propositions

  • Before signing, a party needs reasonably accurate property, liability, and income information plus good-faith values, or adequate knowledge or a reasonable basis for it.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • What establishes adequate disclosure or knowledge?
Justia reproduction of Colorado Revised StatutesReviewed 2026-07-22Open cited source ↗
spousal supportColorado maintenance and fee safeguardC.R.S. § 14-2-309(5), (7) · statute

An otherwise enforceable agreement is unenforceable to the extent a maintenance or attorney-fee term is unconscionable at enforcement.

Scoped statutory propositions

  • An otherwise enforceable agreement is unenforceable to the extent a maintenance or attorney-fee term is unconscionable at enforcement.
  • The court decides unconscionability as a matter of law.

Questions for counsel

  • Is any maintenance or fee term unconscionable at enforcement?
Justia reproduction of Colorado Revised StatutesReviewed 2026-07-22Open cited source ↗
child supportColorado child and custody limitsC.R.S. § 14-2-310 · statute

A term may not adversely affect child support, and custodial-responsibility terms do not bind the court.

Scoped statutory propositions

  • A term may not adversely affect child support, and custodial-responsibility terms do not bind the court.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Does any term affect support or purport to bind the court on custody?
Justia reproduction of Colorado Revised StatutesReviewed 2026-07-22Open cited source ↗
limitationsColorado limitations and enactment historyC.R.S. §§ 14-2-311–313; 2013 Colo. Sess. Laws ch. 239 · official guidance

Colorado tolls limitations during marriage, preserves laches and estoppel, directs uniform construction, and limits E-SIGN preemption; HB 13-1204 took effect July 1, 2014.

Scoped statutory propositions

  • Colorado tolls limitations during marriage, preserves laches and estoppel, directs uniform construction, and limits E-SIGN preemption; HB 13-1204 took effect July 1, 2014.
  • Section 14-2-309(5) was amended by SB 15-264 effective August 5, 2015.

Questions for counsel

  • Do date, tolling, or equitable defenses alter the analysis?
Colorado General AssemblyReviewed 2026-07-22Open cited source ↗
formalitiesColorado Supreme Court signed-writing interpretationIn re Marriage of Zander, 2021 CO 12, 480 P.3d 676 · case reporter

Zander held the predecessor Act's writing-and-signature rule controlled and partial performance did not validate an oral agreement.

Scoped statutory propositions

  • Zander held the predecessor Act's writing-and-signature rule controlled and partial performance did not validate an oral agreement.
  • Zander concerns a 2007 marital agreement; counsel must map it carefully to the current Act.

Questions for counsel

  • Which Act governs and does Zander affect a claimed oral change?
Justia reproduction of Colorado appellate opinionReviewed 2026-07-22Open cited source ↗
independent counselRecent Colorado plain-language interpretationIn re Marriage of Williams, No. 25CA0234 (Colo. App. Dec. 4, 2025) (not published under C.A.R. 35(e)) · case reporter

Williams concluded that legalistic waiver language was not the required plain-language explanation for an unrepresented signer.

Scoped statutory propositions

  • Williams concluded that legalistic waiver language was not the required plain-language explanation for an unrepresented signer.
  • The nonpublished opinion is an issue-spotting signal, not binding precedent; counsel must determine permissible use.

Questions for counsel

  • Does the text qualify and what weight may Williams receive?
Justia reproduction of Colorado appellate opinionReviewed 2026-07-22Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Colorado guide →View machine-readable package →
CT

Connecticut

Version
ct-2026-07-21.3
Checked
2026-07-21
Effective through
2026-07-21
Resources
12
Research tier
section verified
Source health
current with manual checks

Connecticut Premarital Agreement Act, Conn. Gen. Stat. §§ 46b-36a–46b-36j, with section-level records for form, content, children, effect, amendment, enforcement-time unconscionability, disclosure, counsel opportunity, public assistance, void marriage, limitations, and pre-1995 agreements.

formalitiespermitted subjectschild supporteffective dateamendment revocationvoluntarinesslimitationsfinancial disclosureindependent counselpublic assistancevoid marriage
MaintenanceNext package review due 2026-10-1912 access checks · 0 later-authority searches
formalitiesConnecticut writing and signature requirementsConn. Gen. Stat. § 46b-36c · statute

A Connecticut premarital agreement must be in writing and signed by both parties and is enforceable without consideration.

Scoped statutory propositions

  • A Connecticut premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
  • The record should preserve the complete signed agreement and every incorporated schedule.

Questions for counsel

  • Is the complete agreement, including every referenced schedule, written and signed by both parties?
Connecticut General AssemblyReviewed 2026-07-21Open cited source ↗
permitted subjectsConnecticut permitted agreement subjectsConn. Gen. Stat. § 46b-36d(a)–(b) · statute

Connecticut lists property rights and management, disposition, spousal support, estate planning, insurance, retirement-plan rights, choice of law, and personal rights and obligations as agreement subjects, subject to public policy and criminal statutes.

Scoped statutory propositions

  • Connecticut lists property rights and management, disposition, spousal support, estate planning, insurance, retirement-plan rights, choice of law, and personal rights and obligations as agreement subjects, subject to public policy and criminal statutes.
  • The retirement-plan provision should be reviewed with any plan-specific consent or federal-law requirements.

Questions for counsel

  • Which provisions depend on a deed, plan consent, will, trust, insurance designation, or other implementing document?
Connecticut General AssemblyReviewed 2026-07-21Open cited source ↗
child supportConnecticut child-related limitationsConn. Gen. Stat. § 46b-36d(c) · statute

A Connecticut premarital agreement may not adversely affect a child's right to support, and child care, custody, visitation, and other child-affecting provisions remain subject to judicial review and modification.

Scoped statutory propositions

  • A Connecticut premarital agreement may not adversely affect a child's right to support, and child care, custody, visitation, and other child-affecting provisions remain subject to judicial review and modification.
  • Child-related language requires separate review rather than treatment as an ordinary contractual allocation.

Questions for counsel

  • Does any provision attempt to fix a child-related issue that remains subject to judicial review or modification?
Connecticut General AssemblyReviewed 2026-07-21Open cited source ↗
effective dateConnecticut effect of marriageConn. Gen. Stat. § 46b-36e · statute

A Connecticut premarital agreement becomes effective upon marriage unless the agreement provides otherwise.

Scoped statutory propositions

  • A Connecticut premarital agreement becomes effective upon marriage unless the agreement provides otherwise.
  • The agreement should be checked for a different express effectiveness provision.

Questions for counsel

  • Did the contemplated marriage occur, and does the agreement provide a different effective event or date?
Connecticut General AssemblyReviewed 2026-07-21Open cited source ↗
amendment revocationConnecticut amendment and revocation formalitiesConn. Gen. Stat. § 46b-36f · statute

After marriage, a Connecticut premarital agreement may be amended or revoked only by a written agreement signed by the parties.

Scoped statutory propositions

  • After marriage, a Connecticut premarital agreement may be amended or revoked only by a written agreement signed by the parties.
  • The amended agreement or revocation is enforceable without consideration.

Questions for counsel

  • Are all claimed amendments or revocations written, signed, and matched to the operative agreement?
Connecticut General AssemblyReviewed 2026-07-21Open cited source ↗
voluntarinessConnecticut voluntary-execution safeguardConn. Gen. Stat. § 46b-36g(a)(1) · statute

A Connecticut premarital agreement or amendment is not enforceable if the resisting party proves that it was not executed voluntarily.

Scoped statutory propositions

  • A Connecticut premarital agreement or amendment is not enforceable if the resisting party proves that it was not executed voluntarily.
  • Draft history, negotiation timing, communications, counsel records, and signing circumstances can be relevant evidence for counsel to assess.

Questions for counsel

  • What admissible evidence bears on whether execution was voluntary?
Connecticut General AssemblyReviewed 2026-07-21Open cited source ↗
limitationsConnecticut unconscionability timingConn. Gen. Stat. § 46b-36g(a)(2), (c) · statute

Connecticut identifies unconscionability when the agreement was executed or when enforcement is sought, and assigns that issue to the court as a matter of law.

Scoped statutory propositions

  • Connecticut identifies unconscionability when the agreement was executed or when enforcement is sought, and assigns that issue to the court as a matter of law.
  • The statute expressly includes an enforcement-time inquiry; the evidence review cannot predict the court's legal determination.

Questions for counsel

  • What facts at execution and at enforcement should counsel present for the statutory unconscionability inquiry?
Connecticut General AssemblyReviewed 2026-07-21Open cited source ↗
financial disclosureConnecticut financial-disclosure safeguardConn. Gen. Stat. § 46b-36g(a)(3) · statute

Before execution, Connecticut requires fair and reasonable disclosure of the amount, character, and value of the other party's property, financial obligations, and income for this enforcement safeguard.

Scoped statutory propositions

  • Before execution, Connecticut requires fair and reasonable disclosure of the amount, character, and value of the other party's property, financial obligations, and income for this enforcement safeguard.
  • Schedules and supporting records should distinguish property, obligations, and income rather than collapsing them into a single total.

Questions for counsel

  • What pre-execution records address the amount, character, and value of property, obligations, and income?
Connecticut General AssemblyReviewed 2026-07-21Open cited source ↗
independent counselConnecticut opportunity for independent counselConn. Gen. Stat. § 46b-36g(a)(4) · statute

Connecticut's enforcement statute asks whether the resisting party was afforded a reasonable opportunity to consult with independent counsel.

Scoped statutory propositions

  • Connecticut's enforcement statute asks whether the resisting party was afforded a reasonable opportunity to consult with independent counsel.
  • The statutory wording concerns a reasonable opportunity; the factual record should not imply representation that did not occur.

Questions for counsel

  • What dates and communications show the opportunity, if any, to consult independent counsel?
Connecticut General AssemblyReviewed 2026-07-21Open cited source ↗
public assistanceConnecticut public-assistance support safeguardConn. Gen. Stat. § 46b-36g(b) · statute

A court may require support to the extent necessary to avoid public-assistance eligibility caused by a premarital support modification or elimination.

Scoped statutory propositions

  • A court may require support to the extent necessary to avoid public-assistance eligibility caused by a premarital support modification or elimination.
  • The statute frames this safeguard at separation or marital dissolution.

Questions for counsel

  • Could the support provision cause public-assistance eligibility at separation or dissolution?
Connecticut General AssemblyReviewed 2026-07-21Open cited source ↗
void marriageConnecticut void or voidable marriage ruleConn. Gen. Stat. § 46b-36h · statute

If the marriage is held void or voidable, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

Scoped statutory propositions

  • If the marriage is held void or voidable, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
  • The provision does not itself predict what relief a court would find necessary.

Questions for counsel

  • If marriage validity is disputed, how could section 46b-36h affect the requested relief?
Connecticut General AssemblyReviewed 2026-07-21Open cited source ↗
limitationsConnecticut limitations and pre-1995 applicabilityConn. Gen. Stat. §§ 46b-36i–46b-36j · statute

Connecticut tolls an applicable limitations period during marriage while preserving equitable defenses, and the act does not affect the validity of agreements made before October 1, 1995.

Scoped statutory propositions

  • Connecticut tolls an applicable limitations period during marriage while preserving equitable defenses, and the act does not affect the validity of agreements made before October 1, 1995.
  • The agreement date should be checked before applying the act's framework.

Questions for counsel

  • Was the agreement made before October 1, 1995, and how do tolling and equitable defenses affect the claim?
Connecticut General AssemblyReviewed 2026-07-21Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Connecticut guide →View machine-readable package →
DE

Delaware

Version
de-2026-07-21.3
Checked
2026-07-21
Effective through
2026-07-21
Resources
9
Research tier
section verified
Source health
current

Delaware Premarital Agreement Act, 13 Del. C. §§ 321–328, with section-level records for formalities, content, child support, effectiveness, amendment, enforcement, financial disclosure, void marriage, and limitations.

formalitiespermitted subjectschild supporteffective dateamendment revocationvoluntarinessfinancial disclosurevoid marriagelimitations
MaintenanceNext package review due 2026-10-190 access checks · 0 later-authority searches
formalitiesDelaware writing and signature requirements13 Del. C. § 322 · statute

A Delaware premarital agreement must be in writing and signed by both parties and is enforceable without consideration.

Scoped statutory propositions

  • A Delaware premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
  • The record should preserve the complete signed agreement and every incorporated schedule.

Questions for counsel

  • Is the complete agreement, including every referenced schedule, written and signed by both parties?
Delaware Code OnlineReviewed 2026-07-21Open cited source ↗
permitted subjectsDelaware permitted agreement subjects13 Del. C. § 323(a) · statute

Delaware lists property rights and management, disposition, spousal support or alimony, estate planning, insurance, choice of law, and other lawful personal rights and obligations as permitted subjects.

Scoped statutory propositions

  • Delaware lists property rights and management, disposition, spousal support or alimony, estate planning, insurance, choice of law, and other lawful personal rights and obligations as permitted subjects.
  • Other matters remain limited by public policy and statutes imposing criminal penalties.

Questions for counsel

  • Which provisions depend on a deed, will, trust, insurance designation, or other implementing document?
Delaware Code OnlineReviewed 2026-07-21Open cited source ↗
child supportDelaware child-support limitation13 Del. C. § 323(b) · statute

A Delaware premarital agreement may not adversely affect a child's right to support.

Scoped statutory propositions

  • A Delaware premarital agreement may not adversely affect a child's right to support.
  • Child-related language requires separate review rather than treatment as an ordinary contractual allocation.

Questions for counsel

  • Does any provision purport to adversely affect a child's support right?
Delaware Code OnlineReviewed 2026-07-21Open cited source ↗
effective dateDelaware effect of marriage13 Del. C. § 324 · statute

A Delaware premarital agreement becomes effective upon marriage.

Scoped statutory propositions

  • A Delaware premarital agreement becomes effective upon marriage.
  • The marriage event and agreement execution date should be distinguished in the factual timeline.

Questions for counsel

  • Did the contemplated marriage occur, and what date did the agreement become effective?
Delaware Code OnlineReviewed 2026-07-21Open cited source ↗
amendment revocationDelaware amendment and revocation formalities13 Del. C. § 325 · statute

After marriage, a Delaware premarital agreement may be amended or revoked only by a written agreement signed by the parties.

Scoped statutory propositions

  • After marriage, a Delaware premarital agreement may be amended or revoked only by a written agreement signed by the parties.
  • The amended agreement or revocation is enforceable without consideration.

Questions for counsel

  • Are all claimed amendments or revocations written, signed, and matched to the operative agreement?
Delaware Code OnlineReviewed 2026-07-21Open cited source ↗
voluntarinessDelaware voluntary-execution safeguard13 Del. C. § 326(a)(1) · statute

The party resisting enforcement may prove that the agreement was not executed voluntarily.

Scoped statutory propositions

  • The party resisting enforcement may prove that the agreement was not executed voluntarily.
  • Draft history, negotiation timing, communications, counsel records, and signing circumstances can be relevant evidence for counsel to assess.

Questions for counsel

  • What admissible evidence bears on whether execution was voluntary?
Delaware Code OnlineReviewed 2026-07-21Open cited source ↗
financial disclosureDelaware disclosure and knowledge safeguard13 Del. C. § 326(a)(2) · statute

For Delaware's statutory unconscionability ground, the statute also examines fair and reasonable disclosure, written waiver of further disclosure, and adequate knowledge of the other party's property or financial obligations.

Scoped statutory propositions

  • For Delaware's statutory unconscionability ground, the statute also examines fair and reasonable disclosure, written waiver of further disclosure, and adequate knowledge of the other party's property or financial obligations.
  • Section 326(a)(2) should be read as a complete test; a checklist does not decide whether its elements are met.

Questions for counsel

  • What disclosure, waiver, and knowledge evidence addresses each part of section 326(a)(2)?
Delaware Code OnlineReviewed 2026-07-21Open cited source ↗
void marriageDelaware void-marriage rule13 Del. C. § 327 · statute

If a marriage is determined to be void, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

Scoped statutory propositions

  • If a marriage is determined to be void, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
  • The provision does not itself predict what relief a court would find necessary.

Questions for counsel

  • If marriage validity is disputed, how could section 327 affect the requested relief?
Delaware Code OnlineReviewed 2026-07-21Open cited source ↗
limitationsDelaware limitation-of-actions rule13 Del. C. § 328 · statute

An applicable limitations period for relief under a premarital agreement is tolled while the parties are married, while equitable defenses including laches and estoppel remain available.

Scoped statutory propositions

  • An applicable limitations period for relief under a premarital agreement is tolled while the parties are married, while equitable defenses including laches and estoppel remain available.
  • Contract language should not be assumed to displace the statutory tolling rule or equitable defenses.

Questions for counsel

  • How do the statutory tolling rule and available equitable defenses affect the timing issue?
Delaware Code OnlineReviewed 2026-07-21Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Delaware guide →View machine-readable package →
FL

Florida

Version
fl-2026-07-18.3
Checked
2026-07-18
Effective through
2025 Florida Statutes
Resources
7
Research tier
section verified
Source health
current

Florida Statutes section 61.079: formalities, content, child support, effect, amendment, enforcement, public assistance, and void marriages.

formalitiespermitted subjectschild supportamendment revocationfinancial disclosurepublic assistancevoid marriage
MaintenanceNext package review due 2026-10-160 access checks · 0 later-authority searches
formalitiesFlorida premarital-agreement formalitiesFla. Stat. § 61.079(3) · statute

A premarital agreement must be written and signed by both parties.

Scoped statutory propositions

  • A premarital agreement must be written and signed by both parties.
  • It is enforceable without consideration other than the marriage itself.

Questions for counsel

  • Are the agreement and all incorporated schedules complete and signed by both parties?
Florida LegislatureReviewed 2026-07-18Open cited source ↗
permitted subjectsFlorida permitted subjectsFla. Stat. § 61.079(4)(a) · statute

Florida lists property, disposition, support, estate-planning, insurance, choice-of-law, and other lawful subjects.

Scoped statutory propositions

  • Florida lists property, disposition, support, estate-planning, insurance, choice-of-law, and other lawful subjects.
  • The listed subjects include establishment, modification, waiver, or elimination of spousal support.
  • The listed subjects include wills, trusts, life-insurance death benefits, and choice of law.

Questions for counsel

  • Which provisions need coordinated title, beneficiary, probate, or estate documents?
Florida LegislatureReviewed 2026-07-18Open cited source ↗
child supportFlorida child-support limitationFla. Stat. § 61.079(4)(b) · statute

A premarital agreement may not adversely affect a child's right to support.

Scoped statutory propositions

  • A premarital agreement may not adversely affect a child's right to support.

Questions for counsel

  • Does any child-related term attempt to predetermine an issue reserved for later review?
Florida LegislatureReviewed 2026-07-18Open cited source ↗
amendment revocationFlorida amendment, revocation, or abandonmentFla. Stat. § 61.079(6) · statute

After marriage, amendment, revocation, or abandonment requires a written agreement signed by the parties.

Scoped statutory propositions

  • After marriage, amendment, revocation, or abandonment requires a written agreement signed by the parties.
  • The amended agreement, revocation, or abandonment is enforceable without consideration.

Questions for counsel

  • Does the draft accurately state how it can be changed or abandoned after marriage?
Florida LegislatureReviewed 2026-07-18Open cited source ↗
financial disclosureFlorida voluntariness and financial disclosureFla. Stat. § 61.079(7)(a) · statute

Florida addresses voluntary execution, fraud, duress, coercion, overreaching, and an unconscionability/disclosure framework.

Scoped statutory propositions

  • Florida addresses voluntary execution, fraud, duress, coercion, overreaching, and an unconscionability/disclosure framework.
  • The framework addresses fair and reasonable disclosure, written waiver, and adequate knowledge.
  • The court decides unconscionability as a matter of law.

Questions for counsel

  • What financial material was actually delivered before signing?
  • Do the timing and communications raise voluntariness, coercion, or overreaching questions?
Florida LegislatureReviewed 2026-07-18Open cited source ↗
public assistanceFlorida public-assistance support exceptionFla. Stat. § 61.079(7)(b) · statute

A court may require support to avoid public-assistance eligibility caused by a support modification or elimination.

Scoped statutory propositions

  • A court may require support to avoid public-assistance eligibility caused by a support modification or elimination.

Questions for counsel

  • Could the support provision interact with the public-assistance limitation?
Florida LegislatureReviewed 2026-07-18Open cited source ↗
void marriageFlorida void-marriage ruleFla. Stat. § 61.079(8) · statute

If the marriage is void, the agreement is enforceable only as necessary to avoid an inequitable result.

Scoped statutory propositions

  • If the marriage is void, the agreement is enforceable only as necessary to avoid an inequitable result.

Questions for counsel

  • Does any unusual marriage-status issue require analysis under subsection (8)?
Florida LegislatureReviewed 2026-07-18Open cited source ↗
Package limitations
  • This package does not encode Florida case law or decide whether particular facts establish fraud, duress, coercion, or overreaching.
  • Attorney review is optional and can add a professional opinion; it is not a prerequisite for using this source-bound research package.
Read the Florida guide →View machine-readable package →
GA

Georgia

Version
ga-2026-07-22.3
Checked
2026-07-22
Effective through
2026-07-22
Resources
23
Research tier
section verified
Source health
current with manual checks

Georgia's current antenuptial-agreement statutes, the July 1, 2018 formality transition, the Scherer enforcement test, and qualified appellate decisions addressing disclosure, counsel, timing, spousal support, property, and mandatory child-related limits.

permitted subjectsformalitiesacknowledgmentlimitationsvoluntarinesspropertychild supportspousal supporttimingindependent counselfinancial disclosureeffective dateamendment revocation
MaintenanceNext package review due 2026-10-2020 access checks · 12 later-authority searches
permitted subjectsGeorgia antenuptial-agreement definition and subjectsO.C.G.A. § 19-3-60 · statute

Georgia defines an antenuptial agreement as a contract entered before marriage that determines the parties' property rights or future settlement issues, including year's support, spousal support, and equitable division; marriage is valuable consideration subject to existing just debts.

Scoped statutory propositions

  • Georgia defines an antenuptial agreement as a contract entered before marriage that determines the parties' property rights or future settlement issues, including year's support, spousal support, and equitable division; marriage is valuable consideration subject to existing just debts.
  • The enumerated subjects do not authorize provisions that override mandatory child-related law or other public-policy limits.

Questions for counsel

  • Does each disputed provision fit the statutory definition and concern a lawful subject?
Justia reproduction of 2024 Georgia CodeReviewed 2026-07-22Open cited source ↗
formalitiesGeorgia current writing, signature, and witness requirementsO.C.G.A. § 19-3-62 · statute

For agreements governed by the current statute, an antenuptial agreement must be in writing, signed by both parties, and attested by at least two witnesses, one of whom must be a notary public.

Scoped statutory propositions

  • For agreements governed by the current statute, an antenuptial agreement must be in writing, signed by both parties, and attested by at least two witnesses, one of whom must be a notary public.
  • The 2018 enactment supplies the transition boundary; counsel must apply the law in effect when an older agreement was executed.

Questions for counsel

  • Was the agreement executed on or after July 1, 2018, and does the complete instrument satisfy every current formality?
Justia reproduction of 2024 Georgia CodeReviewed 2026-07-22Open cited source ↗
acknowledgmentGeorgia notarial-attestation requirementO.C.G.A. § 19-3-62 · statute

One of the at least two attesting witnesses required for a current Georgia antenuptial agreement must be a notary public.

Scoped statutory propositions

  • One of the at least two attesting witnesses required for a current Georgia antenuptial agreement must be a notary public.
  • The statute describes attestation, so the exact execution page and applicable notarial law require review rather than assuming a generic acknowledgment is equivalent.

Questions for counsel

  • Does the execution page establish attestation by two witnesses including a notary public?
Justia reproduction of 2024 Georgia CodeReviewed 2026-07-22Open cited source ↗
limitationsGeorgia form-over-substance construction directionO.C.G.A. § 19-3-62 · statute

Georgia directs liberal construction of antenuptial agreements and provides that lack of form or technical expression does not invalidate an otherwise qualifying agreement.

Scoped statutory propositions

  • Georgia directs liberal construction of antenuptial agreements and provides that lack of form or technical expression does not invalidate an otherwise qualifying agreement.
  • Liberal construction does not erase the statute's express writing, signature, witness, and notary requirements.

Questions for counsel

  • Is the challenge merely technical, or does it concern a mandatory execution or enforcement requirement?
Justia reproduction of 2024 Georgia CodeReviewed 2026-07-22Open cited source ↗
voluntarinessGeorgia voluntary-execution authorizationO.C.G.A. § 19-3-64 · statute

A person may voluntarily execute an antenuptial agreement; after marriage a spouse may convey property to the other spouse, subject to the rights of prior purchasers and creditors.

Scoped statutory propositions

  • A person may voluntarily execute an antenuptial agreement; after marriage a spouse may convey property to the other spouse, subject to the rights of prior purchasers and creditors.
  • Section 19-3-64 is statutory context, not a substitute for Scherer's complete enforceability analysis.

Questions for counsel

  • Was execution voluntary under Scherer, and do third-party purchaser or creditor rights affect a later transfer?
Justia reproduction of 2024 Georgia CodeReviewed 2026-07-22Open cited source ↗
propertyGeorgia equitable-enforcement provisionO.C.G.A. § 19-3-66 · statute

Georgia provides for equitable enforcement of an antenuptial agreement at the instance of the marriage parties and, after death, specified offspring or heirs under the referenced probate and equity provisions.

Scoped statutory propositions

  • Georgia provides for equitable enforcement of an antenuptial agreement at the instance of the marriage parties and, after death, specified offspring or heirs under the referenced probate and equity provisions.
  • The 2020 amendment added cross-references affecting offspring and heirs effective January 1, 2021; historical text must be checked for earlier events.

Questions for counsel

  • Who seeks enforcement, when, and which statutory route and remedy apply?
Justia reproduction of 2024 Georgia CodeReviewed 2026-07-22Open cited source ↗
limitationsGeorgia domestic-relations statutory contextO.C.G.A. tit. 19, including §§ 19-3-60–66 and 19-9-3 · official guidance

Title 19 supplies the current statutory context for antenuptial agreements, support, equitable division, custody, and related mandatory domestic-relations rules.

Scoped statutory propositions

  • Title 19 supplies the current statutory context for antenuptial agreements, support, equitable division, custody, and related mandatory domestic-relations rules.
  • The title-wide source preserves official context but does not replace the section-level records or current case-law review.

Questions for counsel

  • Which current Title 19 provisions govern or limit the disputed term and requested remedy?
Georgia General Assembly, official Title 19 PDFReviewed 2026-07-22Open cited source ↗
child supportGeorgia child-support nonwaiver ruleSwanson v. Swanson, 276 Ga. 566, 580 S.E.2d 526 (2003) · case reporter

A child's right to support cannot be waived by the parents, so a private agreement cannot conclusively eliminate that right.

Scoped statutory propositions

  • A child's right to support cannot be waived by the parents, so a private agreement cannot conclusively eliminate that right.
  • Swanson is a mandatory child-right boundary, not a rule that invalidates every unrelated provision in the agreement.

Questions for counsel

  • Does any provision purport to waive or adversely restrict a child's support right?
Justia reproduction of published Georgia appellate opinionReviewed 2026-07-22Open cited source ↗
child supportGeorgia custody best-interests boundaryO.C.G.A. § 19-9-3 · statute

Custody and parenting determinations remain subject to the court's statutory best-interests analysis rather than becoming automatically binding through a premarital term.

Scoped statutory propositions

  • Custody and parenting determinations remain subject to the court's statutory best-interests analysis rather than becoming automatically binding through a premarital term.
  • This record flags the mandatory boundary; licensed Georgia counsel must apply the current factors and procedural rules to the actual family circumstances.

Questions for counsel

  • Does the agreement attempt to predetermine custody or parenting contrary to the court's current statutory duties?
Georgia General Assembly, official Title 19 PDFReviewed 2026-07-22Open cited source ↗
voluntarinessGeorgia Supreme Court antenuptial-enforcement testScherer v. Scherer, 249 Ga. 635, 292 S.E.2d 662 (1982) · case reporter

Scherer asks whether the agreement resulted from fraud, duress, mistake, misrepresentation, or nondisclosure of material facts; whether it is unconscionable; and whether later facts and circumstances make enforcement unfair and unreasonable.

Scoped statutory propositions

  • Scherer asks whether the agreement resulted from fraud, duress, mistake, misrepresentation, or nondisclosure of material facts; whether it is unconscionable; and whether later facts and circumstances make enforcement unfair and unreasonable.
  • The proponent bears the enforcement burden described in later Georgia cases, and the trial court exercises sound discretion on the full record.

Questions for counsel

  • What evidence addresses each of Scherer's three inquiries?
Justia reproduction of published Georgia appellate opinionReviewed 2026-07-22Open cited source ↗
spousal supportGeorgia unconscionability inquiryScherer v. Scherer, 249 Ga. 635, 292 S.E.2d 662 (1982) · case reporter

Scherer's second prong requires the proponent to show that the agreement was not unconscionable, including when the agreement limits spousal support or property remedies.

Scoped statutory propositions

  • Scherer's second prong requires the proponent to show that the agreement was not unconscionable, including when the agreement limits spousal support or property remedies.
  • A harsh or unequal bargain is not assessed through a single numerical threshold, and no record here treats every waiver as automatically enforceable.

Questions for counsel

  • Was the agreement unconscionable under the complete Georgia record?
Justia reproduction of published Georgia appellate opinionReviewed 2026-07-22Open cited source ↗
spousal supportGeorgia enforcement-time fairness inquiryScherer v. Scherer, 249 Ga. 635, 292 S.E.2d 662 (1982) · case reporter

Scherer's third prong asks whether relevant later facts and circumstances, including unforeseen changes, make enforcement unfair and unreasonable.

Scoped statutory propositions

  • Scherer's third prong asks whether relevant later facts and circumstances, including unforeseen changes, make enforcement unfair and unreasonable.
  • The inquiry is fact-specific and does not authorize rewriting merely because the bargain became unfavorable.

Questions for counsel

  • What material circumstances changed after signing, were they foreseeable, and would enforcement now be unfair and unreasonable?
Justia reproduction of published Georgia appellate opinionReviewed 2026-07-22Open cited source ↗
timingGeorgia signing-timeline applicationMallen v. Mallen, 280 Ga. 43, 622 S.E.2d 812 (2005) · case reporter

Mallen enforced an agreement first presented roughly nine or ten days before the wedding on its particular record and confirms Georgia has no fixed statutory waiting period.

Scoped statutory propositions

  • Mallen enforced an agreement first presented roughly nine or ten days before the wedding on its particular record and confirms Georgia has no fixed statutory waiting period.
  • The Mallen timeline is not a safe harbor; compressed timing may still support a Scherer defect on different facts.

Questions for counsel

  • What does the complete drafting, negotiation, advice, and wedding chronology show under Scherer?
Justia reproduction of published Georgia appellate opinionReviewed 2026-07-22Open cited source ↗
independent counselGeorgia counsel-opportunity applicationMallen v. Mallen, 280 Ga. 43, 622 S.E.2d 812 (2005) · case reporter

Mallen considered the party's consultation with an attorney, the advice received about limited time, and her later negotiation choices; Georgia's statute does not make independent counsel a categorical execution formality.

Scoped statutory propositions

  • Mallen considered the party's consultation with an attorney, the advice received about limited time, and her later negotiation choices; Georgia's statute does not make independent counsel a categorical execution formality.
  • Counsel evidence bears on Scherer's fact-specific defects but is not a universal safe harbor or categorical prerequisite.

Questions for counsel

  • What counsel was consulted, what advice was given, and how did the party respond before signing?
Justia reproduction of published Georgia appellate opinionReviewed 2026-07-22Open cited source ↗
financial disclosureGeorgia financial-knowledge applicationMallen v. Mallen, 280 Ga. 43, 622 S.E.2d 812 (2005) · case reporter

Mallen held that general knowledge of the character and extent of assets and income could suffice on its record even without precise income figures and considered the duty to inquire absent fraud or misrepresentation.

Scoped statutory propositions

  • Mallen held that general knowledge of the character and extent of assets and income could suffice on its record even without precise income figures and considered the duty to inquire absent fraud or misrepresentation.
  • Mallen does not excuse false schedules or intentional nondisclosure and does not establish that precise values are never material.

Questions for counsel

  • What was accurately disclosed or actually known, and was any material fact concealed or misrepresented?
Justia reproduction of published Georgia appellate opinionReviewed 2026-07-22Open cited source ↗
voluntarinessGeorgia wedding-condition and duress applicationMallen v. Mallen, 280 Ga. 43, 622 S.E.2d 812 (2005) · case reporter

Mallen held that conditioning marriage on execution did not alone establish duress on its record and noted that engaged parties are not automatically treated as being in a confidential relationship.

Scoped statutory propositions

  • Mallen held that conditioning marriage on execution did not alone establish duress on its record and noted that engaged parties are not automatically treated as being in a confidential relationship.
  • The holding is record-specific and does not eliminate duress, fraud, or confidential-relation analysis when supported by additional facts.

Questions for counsel

  • Beyond the marriage condition, what facts show or refute improper pressure or another Scherer defect?
Justia reproduction of published Georgia appellate opinionReviewed 2026-07-22Open cited source ↗
spousal supportGeorgia spousal-support contract scopeO.C.G.A. § 19-3-60; Arlotta v. Arlotta, A24A0961 (Ga. Ct. App. Oct. 30, 2024) · case reporter

Georgia's statutory definition expressly includes spousal-support and equitable-division issues, and Arlotta applies Scherer to terms limiting those default-law remedies.

Scoped statutory propositions

  • Georgia's statutory definition expressly includes spousal-support and equitable-division issues, and Arlotta applies Scherer to terms limiting those default-law remedies.
  • This record does not extend private support terms to child support or bypass the agreement-wide enforceability analysis.

Questions for counsel

  • Does the support term fit the agreement and satisfy every Scherer prong?
Justia reproduction of published Georgia appellate opinionReviewed 2026-07-22Open cited source ↗
propertyGeorgia Court of Appeals remedy-limitation decisionArlotta v. Arlotta, A24A0961 (Ga. Ct. App. Oct. 30, 2024) · case reporter

Arlotta described the Scherer criteria as the governing enforceability framework and reversed a ruling that invalidated property and alimony limits merely because they differed from statutory default remedies.

Scoped statutory propositions

  • Arlotta described the Scherer criteria as the governing enforceability framework and reversed a ruling that invalidated property and alimony limits merely because they differed from statutory default remedies.
  • Arlotta is an intermediate-appellate application and does not override mandatory child-support or custody rules.

Questions for counsel

  • Did the court apply Scherer to the actual provision rather than invalidate it solely for changing a default remedy?
Justia reproduction of published Georgia appellate opinionReviewed 2026-07-22Open cited source ↗
effective dateGeorgia current-formality enactment and applicability line2018 Ga. Laws Act 305 (H.B. 190), §§ 1–5 · official guidance

The 2018 enactment defined antenuptial agreements and added today's writing, signature, two-witness, and notary requirements, effective July 1, 2018.

Scoped statutory propositions

  • The 2018 enactment defined antenuptial agreements and added today's writing, signature, two-witness, and notary requirements, effective July 1, 2018.
  • The enactment states its effective date; this package applies the new formality rule prospectively and sends older instruments to historical-law review rather than assuming retroactivity.

Questions for counsel

  • Was the agreement executed before or after July 1, 2018, and which formality regime applies?
Georgia State Senate official 2018 adopted-legislation summaryReviewed 2026-07-22Open cited source ↗
effective dateGeorgia pre-2018 formality decisionDove v. Dove, 285 Ga. 647, 680 S.E.2d 839 (2009) · case reporter

Under the former statutory text, Dove held that a then-existing two-witness marriage-contract rule did not govern divorce-focused premarital agreements and treated Scherer as the enforcement test.

Scoped statutory propositions

  • Under the former statutory text, Dove held that a then-existing two-witness marriage-contract rule did not govern divorce-focused premarital agreements and treated Scherer as the enforcement test.
  • Dove's formality holding is historical and must not be applied to an agreement governed by the 2018 writing, signature, witness, and notary requirements.

Questions for counsel

  • Was the agreement executed under Dove-era law or the current post-July 1, 2018 statute?
Justia reproduction of published Georgia appellate opinionReviewed 2026-07-22Open cited source ↗
effective dateGeorgia enforcement-history amendment2020 Ga. Laws Act 563; O.C.G.A. § 19-3-66 · statute

The 2020 amendment revised section 19-3-66's cross-references for enforcement by offspring or heirs and became effective January 1, 2021.

Scoped statutory propositions

  • The 2020 amendment revised section 19-3-66's cross-references for enforcement by offspring or heirs and became effective January 1, 2021.
  • The amendment concerns enforcement routes and cross-references, not the July 1, 2018 execution-formality transition.

Questions for counsel

  • Does the timing and identity of the claimant require historical or current section 19-3-66 analysis?
Justia reproduction of 2024 Georgia CodeReviewed 2026-07-22Open cited source ↗
amendment revocationGeorgia later-agreement classification boundaryO.C.G.A. §§ 19-3-60, 19-3-64 · statute

Georgia's antenuptial article does not supply a UPAA-style amendment-and-revocation section; a claimed later change must be classified as an amendment, postnuptial settlement, conveyance, or separate contract under then-applicable law.

Scoped statutory propositions

  • Georgia's antenuptial article does not supply a UPAA-style amendment-and-revocation section; a claimed later change must be classified as an amendment, postnuptial settlement, conveyance, or separate contract under then-applicable law.
  • This package does not infer a writing-only amendment rule or automatic validity from the antenuptial article.

Questions for counsel

  • What legal instrument allegedly changed or superseded the premarital agreement, and does it satisfy the rules governing that transaction?
Justia reproduction of 2024 Georgia CodeReviewed 2026-07-22Open cited source ↗
independent counselGeorgia recent Scherer applicationPickren v. Campbell, A25A0458 (Ga. Ct. App. 2025) · case reporter

Pickren applies Scherer to a record involving financial disclosure, independent counsel, deliberation time, and an alimony waiver.

Scoped statutory propositions

  • Pickren applies Scherer to a record involving financial disclosure, independent counsel, deliberation time, and an alimony waiver.
  • Pickren is a recent intermediate-appellate application; licensed counsel must check later history before reliance.

Questions for counsel

  • How does the actual evidence compare with the factors evaluated in Pickren?
Justia reproduction of published Georgia appellate opinionReviewed 2026-07-22Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Georgia guide →View machine-readable package →
HI

Hawaii

Version
hi-2026-07-22.3
Checked
2026-07-22
Effective through
2026-07-22
Resources
16
Research tier
section verified
Source health
current

Hawaii Uniform Premarital Agreement Act, Haw. Rev. Stat. §§ 572D-1–11, with exact sections, the July 1, 1987 transition rule, and the Hawaii Supreme Court's modern voluntariness and unconscionability framework.

propertyformalitiespermitted subjectschild supporteffective dateamendment revocationvoluntarinessfinancial disclosurepublic assistancespousal supportvoid marriagelimitationsindependent counseltiming
MaintenanceNext package review due 2026-10-200 access checks · 3 later-authority searches
propertyHawaii statutory definitionsHaw. Rev. Stat. § 572D-1 · statute

Hawaii defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.

Scoped statutory propositions

  • Hawaii defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Does the document and disputed interest fit the statutory definitions?
Hawaii LegislatureReviewed 2026-07-22Open cited source ↗
formalitiesHawaii writing and signature requirementsHaw. Rev. Stat. § 572D-2 · statute

A Hawaii premarital agreement must be in writing and signed by both parties and is enforceable without consideration.

Scoped statutory propositions

  • A Hawaii premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Is the complete agreement, including every incorporated schedule, written and signed by both parties?
Hawaii LegislatureReviewed 2026-07-22Open cited source ↗
permitted subjectsHawaii permitted agreement subjectsHaw. Rev. Stat. § 572D-3(a) · statute

Permitted subjects include property rights and management, disposition, modification or elimination of spousal support, estate planning, life-insurance benefits, choice of law, and other lawful personal rights and obligations.

Scoped statutory propositions

  • Permitted subjects include property rights and management, disposition, modification or elimination of spousal support, estate planning, life-insurance benefits, choice of law, and other lawful personal rights and obligations.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Does each material clause fit a permitted and lawful subject?
Hawaii LegislatureReviewed 2026-07-22Open cited source ↗
child supportHawaii child-support limitationHaw. Rev. Stat. § 572D-3(b) · statute

A Hawaii premarital agreement may not adversely affect a child's right to support.

Scoped statutory propositions

  • A Hawaii premarital agreement may not adversely affect a child's right to support.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Does any provision purport to adversely affect a child's support right?
Hawaii LegislatureReviewed 2026-07-22Open cited source ↗
effective dateHawaii effect of marriageHaw. Rev. Stat. § 572D-4 · statute

A Hawaii premarital agreement becomes effective upon marriage.

Scoped statutory propositions

  • A Hawaii premarital agreement becomes effective upon marriage.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Did the contemplated marriage occur, and when did the agreement become effective?
Hawaii LegislatureReviewed 2026-07-22Open cited source ↗
amendment revocationHawaii amendment and revocation formalitiesHaw. Rev. Stat. § 572D-5 · statute

After marriage, amendment or revocation requires a written agreement signed by the parties and is enforceable without consideration.

Scoped statutory propositions

  • After marriage, amendment or revocation requires a written agreement signed by the parties and is enforceable without consideration.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Is every claimed post-marriage change supported by the required signed writing?
Hawaii LegislatureReviewed 2026-07-22Open cited source ↗
voluntarinessHawaii voluntary-execution safeguardHaw. Rev. Stat. § 572D-6(a)(1) · statute

The party resisting enforcement may prove that the agreement was not executed voluntarily as an alternative to the statute's unconscionability-and-disclosure branch.

Scoped statutory propositions

  • The party resisting enforcement may prove that the agreement was not executed voluntarily as an alternative to the statute's unconscionability-and-disclosure branch.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • What admissible evidence bears on voluntary execution under section 572D-6 and L.R.O.?
Hawaii LegislatureReviewed 2026-07-22Open cited source ↗
financial disclosureHawaii unconscionability and disclosure safeguardHaw. Rev. Stat. § 572D-6(a)(2) · statute

Hawaii's execution-time unconscionability branch also requires no fair and reasonable disclosure, no voluntary express written waiver of further disclosure, and no adequate knowledge of the other party's property or financial obligations.

Scoped statutory propositions

  • Hawaii's execution-time unconscionability branch also requires no fair and reasonable disclosure, no voluntary express written waiver of further disclosure, and no adequate knowledge of the other party's property or financial obligations.
  • The three disclosure conditions are conjunctive, while involuntariness is a separate alternative ground.

Questions for counsel

  • What evidence addresses every component of section 572D-6(a)(2)?
Hawaii LegislatureReviewed 2026-07-22Open cited source ↗
public assistanceHawaii public-assistance support safeguardHaw. Rev. Stat. § 572D-6(b) · statute

A court may require support to the extent necessary to avoid public-assistance eligibility caused by a premarital support modification or elimination at separation or dissolution.

Scoped statutory propositions

  • A court may require support to the extent necessary to avoid public-assistance eligibility caused by a premarital support modification or elimination at separation or dissolution.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Could the support term trigger the limited public-assistance safeguard?
Hawaii LegislatureReviewed 2026-07-22Open cited source ↗
spousal supportHawaii judicial unconscionability determinationHaw. Rev. Stat. § 572D-6(a)(2), (c) · statute

The court decides unconscionability as a matter of law; under L.R.O., the statutory branch requires both substantive and procedural unconscionability together with the disclosure conditions.

Scoped statutory propositions

  • The court decides unconscionability as a matter of law; under L.R.O., the statutory branch requires both substantive and procedural unconscionability together with the disclosure conditions.
  • A support waiver is not automatically unconscionable merely because section 572D-3 expressly permits support modification or elimination.

Questions for counsel

  • What evidence supports each distinct part of the Hawaii unconscionability analysis?
Hawaii LegislatureReviewed 2026-07-22Open cited source ↗
void marriageHawaii void-marriage ruleHaw. Rev. Stat. § 572D-7 · statute

If a marriage is void, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

Scoped statutory propositions

  • If a marriage is void, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • How could disputed marriage validity affect available relief?
Hawaii LegislatureReviewed 2026-07-22Open cited source ↗
limitationsHawaii limitations, uniformity, and enactment historyHaw. Rev. Stat. §§ 572D-8–9, 572D-11; 1987 Haw. Sess. Laws Act 321 · statute

Hawaii tolls an applicable limitations period during marriage, preserves laches and estoppel, directs uniform construction, and identifies chapter 572D as the Uniform Premarital Agreement Act enacted in 1987.

Scoped statutory propositions

  • Hawaii tolls an applicable limitations period during marriage, preserves laches and estoppel, directs uniform construction, and identifies chapter 572D as the Uniform Premarital Agreement Act enacted in 1987.
  • The current official chapter index continues to list sections 572D-1 through 572D-11; every section's history note traces to 1987 Act 321.

Questions for counsel

  • Do timing, equitable defenses, uniform construction, or historical text affect the claim?
Hawaii LegislatureReviewed 2026-07-22Open cited source ↗
effective dateHawaii pre-Act written-agreement ruleHaw. Rev. Stat. § 572D-10 · statute

Written premarital agreements entered before July 1, 1987 are valid and enforceable if otherwise valid as contracts.

Scoped statutory propositions

  • Written premarital agreements entered before July 1, 1987 are valid and enforceable if otherwise valid as contracts.
  • The section preserves earlier written agreements rather than applying every current Act provision retroactively.

Questions for counsel

  • Was the agreement executed before July 1, 1987, and what historical contract rules govern?
Hawaii LegislatureReviewed 2026-07-22Open cited source ↗
independent counselHawaii Supreme Court voluntariness frameworkL.R.O. v. N.D.O., 148 Hawai‘i 336, 475 P.3d 1167 (2020) · court opinion

L.R.O. adopted a totality framework considering wedding proximity or surprise, independent counsel or opportunity for counsel, bargaining inequality, asset disclosure, and understanding of the rights waived or the agreement's intent.

Scoped statutory propositions

  • L.R.O. adopted a totality framework considering wedding proximity or surprise, independent counsel or opportunity for counsel, bargaining inequality, asset disclosure, and understanding of the rights waived or the agreement's intent.
  • The factors guide the fact-specific inquiry; the court upheld the agreement on the credited record and did not make counsel automatically mandatory.

Questions for counsel

  • How does the complete execution record fit each L.R.O. voluntariness factor?
Hawaii JudiciaryReviewed 2026-07-22Open cited source ↗
timingHawaii Supreme Court same-day signing analysisL.R.O. v. N.D.O., 148 Hawai‘i 336, 475 P.3d 1167 (2020) · court opinion

L.R.O. upheld the agreement despite same-day execution where credited findings showed prior delivery, negotiation, understanding, and an opportunity to obtain counsel.

Scoped statutory propositions

  • L.R.O. upheld the agreement despite same-day execution where credited findings showed prior delivery, negotiation, understanding, and an opportunity to obtain counsel.
  • The result is record-specific and does not create a safe waiting period or make same-day execution categorically valid.

Questions for counsel

  • What does the complete chronology show beyond the calendar interval alone?
Hawaii JudiciaryReviewed 2026-07-22Open cited source ↗
financial disclosureHawaii Supreme Court two-part unconscionability ruleL.R.O. v. N.D.O., 148 Hawai‘i 336, 475 P.3d 1167 (2020) · court opinion

L.R.O. held that section 572D-6(a)(2) requires both substantive and procedural unconscionability: substantive unconscionability concerns an unjustly disproportionate post-divorce economic result, while procedural unconscionability concerns inadequate financial knowledge at execution.

Scoped statutory propositions

  • L.R.O. held that section 572D-6(a)(2) requires both substantive and procedural unconscionability: substantive unconscionability concerns an unjustly disproportionate post-divorce economic result, while procedural unconscionability concerns inadequate financial knowledge at execution.
  • L.R.O. upheld the agreement on its facts; its definitions do not predetermine a different agreement's result.

Questions for counsel

  • Can the evidence establish both substantive and procedural unconscionability plus the statutory disclosure conditions?
Hawaii JudiciaryReviewed 2026-07-22Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Hawaii guide →View machine-readable package →
ID

Idaho

Version
id-2026-07-22.3
Checked
2026-07-22
Effective through
2026-07-22
Resources
15
Research tier
section verified
Source health
current with manual checks

Idaho Uniform Premarital Agreement Act, Idaho Code §§ 32-921–929, with the cross-referenced marriage-settlement formalities, 1995 enactment history, and Idaho Supreme Court interpretations.

propertyformalitiesacknowledgmentpermitted subjectschild supporteffective dateamendment revocationvoluntarinessfinancial disclosurepublic assistancevoid marriagelimitations
MaintenanceNext package review due 2026-10-2015 access checks · 3 later-authority searches
propertyIdaho statutory definitionsIdaho Code § 32-921 · statute

Idaho defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.

Scoped statutory propositions

  • Idaho defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.
  • The section was added by 1995 Idaho Session Laws chapter 229, section 2.

Questions for counsel

  • Does the document fit the statutory definition, and which interests fall within its property terms?
Idaho LegislatureReviewed 2026-07-22Open cited source ↗
formalitiesIdaho writing, signature, acknowledgment, and proof requirementsIdaho Code §§ 32-917, 32-922 · statute

An Idaho premarital agreement must be written and signed by both parties, is enforceable without consideration, and must also be executed and acknowledged or proved in the manner required for land conveyances.

Scoped statutory propositions

  • An Idaho premarital agreement must be written and signed by both parties, is enforceable without consideration, and must also be executed and acknowledged or proved in the manner required for land conveyances.
  • Section 32-922 was added in 1995 and expressly incorporates sections 32-917 through 32-919; Dunagan applies these statutory formalities strictly.

Questions for counsel

  • What evidence establishes every writing, signature, acknowledgment, or proof requirement?
Idaho LegislatureReviewed 2026-07-22Open cited source ↗
acknowledgmentIdaho real-property recording ruleIdaho Code §§ 32-918–919 · statute

When a marriage-settlement contract grants or affects real estate, Idaho requires recording in each county where that real estate is situated; a qualifying signed and acknowledged summary may be recorded, and recording or nonrecording has the same effect as for a real-property conveyance.

Scoped statutory propositions

  • When a marriage-settlement contract grants or affects real estate, Idaho requires recording in each county where that real estate is situated; a qualifying signed and acknowledged summary may be recorded, and recording or nonrecording has the same effect as for a real-property conveyance.
  • Section 32-918 was amended in 2005 to authorize a qualifying summary; counsel must analyze the consequence of any nonrecording for the parties and third parties.

Questions for counsel

  • Does the agreement grant or affect real estate, and what county recording evidence exists?
Idaho LegislatureReviewed 2026-07-22Open cited source ↗
permitted subjectsIdaho permitted agreement subjectsIdaho Code § 32-923(1) · statute

Permitted subjects include property rights and control, disposition, modification or elimination of spousal support, estate-planning arrangements, life-insurance benefits, choice of law, and other personal rights and obligations not violating public policy or criminal law.

Scoped statutory propositions

  • Permitted subjects include property rights and control, disposition, modification or elimination of spousal support, estate-planning arrangements, life-insurance benefits, choice of law, and other personal rights and obligations not violating public policy or criminal law.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Does each material clause fit a permitted and lawful subject?
Idaho LegislatureReviewed 2026-07-22Open cited source ↗
child supportIdaho child-support limitationIdaho Code § 32-923(2) · statute

An Idaho premarital agreement may not adversely affect a child's right to support.

Scoped statutory propositions

  • An Idaho premarital agreement may not adversely affect a child's right to support.
  • Kelly adds a related public-policy limit for contractual attorney-fee bars covering child custody, visitation, or support issues.

Questions for counsel

  • Does any provision purport to adversely affect a child's support right?
Idaho LegislatureReviewed 2026-07-22Open cited source ↗
effective dateIdaho effect of marriageIdaho Code § 32-924 · statute

An Idaho premarital agreement becomes effective upon marriage.

Scoped statutory propositions

  • An Idaho premarital agreement becomes effective upon marriage.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Did the contemplated marriage occur, and when did the agreement become effective?
Idaho LegislatureReviewed 2026-07-22Open cited source ↗
amendment revocationIdaho amendment and revocation formalitiesIdaho Code § 32-924 · statute

After marriage, amendment or revocation requires a written agreement signed by the parties and is enforceable without consideration.

Scoped statutory propositions

  • After marriage, amendment or revocation requires a written agreement signed by the parties and is enforceable without consideration.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Is every claimed amendment or revocation supported by the required signed writing?
Idaho LegislatureReviewed 2026-07-22Open cited source ↗
voluntarinessIdaho voluntary-execution safeguardIdaho Code § 32-925(1)(a) · statute

The party resisting enforcement in Idaho may prove that the agreement was not executed voluntarily.

Scoped statutory propositions

  • The party resisting enforcement in Idaho may prove that the agreement was not executed voluntarily.
  • Preserve the complete negotiation and execution record; this statement does not supply a state-specific multi-factor test beyond the statute.

Questions for counsel

  • What admissible evidence bears on voluntary execution under section 32-925 and current Idaho decisions?
Idaho LegislatureReviewed 2026-07-22Open cited source ↗
financial disclosureIdaho unconscionability and disclosure safeguardIdaho Code § 32-925(1)(b), (3) · statute

Idaho's execution-time unconscionability ground also requires all three statutory disclosure conditions: no fair and reasonable disclosure, no voluntary express written waiver, and no adequate knowledge of the other party's property or financial obligations.

Scoped statutory propositions

  • Idaho's execution-time unconscionability ground also requires all three statutory disclosure conditions: no fair and reasonable disclosure, no voluntary express written waiver, and no adequate knowledge of the other party's property or financial obligations.
  • The disclosure conditions are conjunctive, and the court decides unconscionability as a matter of law.

Questions for counsel

  • What evidence addresses every component of section 32-925(1)(b)?
Idaho LegislatureReviewed 2026-07-22Open cited source ↗
public assistanceIdaho public-assistance support safeguardIdaho Code § 32-925(2) · statute

A court may require support to the extent necessary to avoid public-assistance eligibility caused by a premarital support modification or elimination at separation or dissolution.

Scoped statutory propositions

  • A court may require support to the extent necessary to avoid public-assistance eligibility caused by a premarital support modification or elimination at separation or dissolution.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Could the support provision cause public-assistance eligibility?
Idaho LegislatureReviewed 2026-07-22Open cited source ↗
void marriageIdaho void-marriage ruleIdaho Code § 32-926 · statute

If a marriage is void, an otherwise premarital agreement is enforceable only as necessary to avoid an inequitable result.

Scoped statutory propositions

  • If a marriage is void, an otherwise premarital agreement is enforceable only as necessary to avoid an inequitable result.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • How could marriage validity affect relief?
Idaho LegislatureReviewed 2026-07-22Open cited source ↗
limitationsIdaho limitations, uniformity, and enactment historyIdaho Code §§ 32-927–929 · statute

Idaho tolls an applicable limitation period for a premarital-agreement claim during marriage, preserves equitable time defenses including laches and estoppel, directs uniform construction, and designates sections 32-921 through 32-929 as the Uniform Premarital Agreement Act.

Scoped statutory propositions

  • Idaho tolls an applicable limitation period for a premarital-agreement claim during marriage, preserves equitable time defenses including laches and estoppel, directs uniform construction, and designates sections 32-921 through 32-929 as the Uniform Premarital Agreement Act.
  • The Act sections were added by 1995 Idaho Session Laws chapter 229, section 2; agreements predating enactment require separate historical-law review.

Questions for counsel

  • Do the agreement date, tolling, equitable defenses, or historical text alter the analysis?
Idaho LegislatureReviewed 2026-07-22Open cited source ↗
child supportIdaho Supreme Court child-related public-policy limitKelly v. Kelly, 171 Idaho 27, 518 P.3d 326 (2022) · case reporter

Kelly held that contractual provisions barring attorney fees and costs for issues concerning child custody, visitation, and support violate Idaho public policy, while separately applying the agreement's text to disputed property.

Scoped statutory propositions

  • Kelly held that contractual provisions barring attorney fees and costs for issues concerning child custody, visitation, and support violate Idaho public policy, while separately applying the agreement's text to disputed property.
  • Kelly is clause-specific: it affirmed the agreement's general enforceability but invalidated the child-related fee bar and construed particular property provisions on their text and record.

Questions for counsel

  • Does any clause restrict access to fees or costs for child-related litigation, and what does the agreement say about each disputed asset?
Justia reproduction of Idaho Supreme Court opinionReviewed 2026-07-22Open cited source ↗
permitted subjectsIdaho Supreme Court life-insurance public-policy analysisNeustadt v. Colafranceschi, 167 Idaho 214, 469 P.3d 1 (2020) · case reporter

Neustadt held that the agreement's post-divorce life-insurance obligation was not void as against Idaho public policy because it required the insured party to procure a policy Idaho law allowed her to obtain for the named beneficiary.

Scoped statutory propositions

  • Neustadt held that the agreement's post-divorce life-insurance obligation was not void as against Idaho public policy because it required the insured party to procure a policy Idaho law allowed her to obtain for the named beneficiary.
  • The holding is tied to the clause and Idaho insurance statutes before the court; it is not a blanket approval of every insurance or public-policy term.

Questions for counsel

  • What exactly does the insurance clause require, and do current insurance statutes permit that arrangement?
Justia reproduction of Idaho Supreme Court opinionReviewed 2026-07-22Open cited source ↗
formalitiesIdaho Supreme Court strict-formality interpretationDunagan v. Dunagan, 147 Idaho 599, 213 P.3d 384 (2009) · case reporter

Dunagan declined to enforce the parties' alleged oral agreement to keep finances separate because Idaho requires marriage settlements to be written, properly executed, and acknowledged or proved; the claimed partial performance did not cure the missing formalities.

Scoped statutory propositions

  • Dunagan declined to enforce the parties' alleged oral agreement to keep finances separate because Idaho requires marriage settlements to be written, properly executed, and acknowledged or proved; the claimed partial performance did not cure the missing formalities.
  • Dunagan also addressed later property conduct; counsel must distinguish the alleged oral agreement from independently effective deeds or other compliant instruments.

Questions for counsel

  • Is every claimed premarital or transmutation term contained in a properly executed and acknowledged writing?
Justia reproduction of Idaho Supreme Court opinionReviewed 2026-07-22Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Idaho guide →View machine-readable package →
IL

Illinois

Version
il-2026-07-18.3
Checked
2026-07-18
Effective through
2026-07-18
Resources
8
Research tier
section verified
Source health
current with manual checks

Illinois Uniform Premarital Agreement Act, 750 ILCS 10/3–9: formalities, content, child support, amendment, enforcement, hardship, void marriages, and limitations.

formalitiespermitted subjectschild supportamendment revocationfinancial disclosurespousal supportvoid marriagelimitations
MaintenanceNext package review due 2026-10-168 access checks · 0 later-authority searches
formalitiesIllinois premarital-agreement formalities750 ILCS 10/3 · statute

A premarital agreement must be written and signed by both parties.

Scoped statutory propositions

  • A premarital agreement must be written and signed by both parties.
  • It is enforceable without consideration.

Questions for counsel

  • Are the final agreement and all incorporated schedules complete and signed by both parties?
Illinois General Assembly statutory databaseReviewed 2026-07-18Open cited source ↗
permitted subjectsIllinois permitted subjects750 ILCS 10/4(a) · statute

Illinois lists property, disposition, support, estate-planning, insurance, choice-of-law, and other lawful subjects.

Scoped statutory propositions

  • Illinois lists property, disposition, support, estate-planning, insurance, choice-of-law, and other lawful subjects.
  • The listed subjects include modification or elimination of spousal support.
  • The listed subjects include wills, trusts, life-insurance death benefits, and choice of law.

Questions for counsel

  • Which provisions need coordinated title, beneficiary, probate, or estate documents?
Illinois General Assembly statutory databaseReviewed 2026-07-18Open cited source ↗
child supportIllinois child-support limitation750 ILCS 10/4(b) · statute

A premarital agreement may not adversely affect a child's right to support.

Scoped statutory propositions

  • A premarital agreement may not adversely affect a child's right to support.

Questions for counsel

  • Does any child-related language attempt to resolve an issue subject to later review?
Illinois General Assembly statutory databaseReviewed 2026-07-18Open cited source ↗
amendment revocationIllinois amendment or revocation750 ILCS 10/6 · statute

After marriage, amendment or revocation requires a written agreement signed by the parties.

Scoped statutory propositions

  • After marriage, amendment or revocation requires a written agreement signed by the parties.
  • The amendment or revocation is enforceable without consideration.

Questions for counsel

  • Does the amendment clause preserve the signed-writing requirement after marriage?
Illinois General Assembly statutory databaseReviewed 2026-07-18Open cited source ↗
financial disclosureIllinois voluntariness and financial disclosure750 ILCS 10/7(a), (c) · statute

Illinois addresses voluntary execution and an unconscionability framework involving disclosure, written waiver, and adequate knowledge.

Scoped statutory propositions

  • Illinois addresses voluntary execution and an unconscionability framework involving disclosure, written waiver, and adequate knowledge.
  • The framework addresses fair and reasonable disclosure, express written waiver, and adequate knowledge.
  • The court decides unconscionability as a matter of law.

Questions for counsel

  • What financial material was actually delivered before execution?
  • If disclosure was waived, does the writing and factual record support the statutory framework?
Illinois General Assembly statutory databaseReviewed 2026-07-18Open cited source ↗
spousal supportIllinois unforeseen-hardship support rule750 ILCS 10/7(b) · statute

A court may require support to avoid undue hardship from circumstances not reasonably foreseeable when a support provision was executed.

Scoped statutory propositions

  • A court may require support to avoid undue hardship from circumstances not reasonably foreseeable when a support provision was executed.
  • The rule applies to a provision modifying or eliminating spousal support.

Questions for counsel

  • Could the provision interact with Illinois's unforeseen-circumstances and undue-hardship rule?
Illinois General Assembly statutory databaseReviewed 2026-07-18Open cited source ↗
void marriageIllinois void-marriage rule750 ILCS 10/8 · statute

If the marriage is void, the agreement is enforceable only as necessary to avoid an inequitable result.

Scoped statutory propositions

  • If the marriage is void, the agreement is enforceable only as necessary to avoid an inequitable result.

Questions for counsel

  • Does any unusual marriage-status issue require analysis under section 8?
Illinois General Assembly statutory databaseReviewed 2026-07-18Open cited source ↗
limitationsIllinois limitation-of-actions rule750 ILCS 10/9 · statute

An applicable limitations period is tolled during marriage while identified equitable defenses remain available.

Scoped statutory propositions

  • An applicable limitations period is tolled during marriage while identified equitable defenses remain available.
  • The statute names laches and estoppel as available equitable defenses.

Questions for counsel

  • Does any limitations provision conflict with the statutory tolling framework?
Illinois General Assembly statutory databaseReviewed 2026-07-18Open cited source ↗
Package limitations
  • The Illinois General Assembly warns that its ILCS database is maintained for legislative drafting and is not the official enacted text.
  • This package does not encode every Illinois decision; attorney review is optional and can add a professional opinion or case-specific application.
Read the Illinois guide →View machine-readable package →
IN

Indiana

Version
in-2026-07-22.3
Checked
2026-07-22
Effective through
2026-07-22
Resources
16
Research tier
section verified
Source health
current with manual checks

Indiana Uniform Premarital Agreement Act, Ind. Code ch. 31-11-3, with exact current sections, the July 1, 1995 applicability line, and qualified published appellate decisions on voluntariness, unconscionability, disclosure, counsel, timing, construction, and equitable time defenses.

effective datepropertyformalitiespermitted subjectschild supportamendment revocationvoluntarinessspousal supportvoid marriagelimitationsindependent counseltimingfinancial disclosure
MaintenanceNext package review due 2026-10-205 access checks · 5 later-authority searches
effective dateIndiana applicability and enactment historyInd. Code § 31-11-3-1; P.L. 1-1997, § 3; 1995 Ind. Acts P.L. 189 · statute

Indiana's chapter applies to premarital agreements executed on or after July 1, 1995; earlier agreements require historical-law analysis.

Scoped statutory propositions

  • Indiana's chapter applies to premarital agreements executed on or after July 1, 1995; earlier agreements require historical-law analysis.
  • Fetters confirms the July 1, 1995 effective and applicability date; counsel should retrieve the session law when historical wording matters.

Questions for counsel

  • Was the agreement executed before or after July 1, 1995, and which legal regime applies?
Indiana General AssemblyReviewed 2026-07-22Open cited source ↗
propertyIndiana statutory definitionsInd. Code §§ 31-11-3-2 to -3 · statute

Indiana defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.

Scoped statutory propositions

  • Indiana defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Does the document and disputed interest fit the statutory definitions?
Indiana General AssemblyReviewed 2026-07-22Open cited source ↗
formalitiesIndiana writing and signature requirementsInd. Code § 31-11-3-4 · statute

An Indiana premarital agreement must be in writing and signed by both parties and is enforceable without consideration.

Scoped statutory propositions

  • An Indiana premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Is the complete agreement, including every incorporated schedule, written and signed by both parties?
Indiana General AssemblyReviewed 2026-07-22Open cited source ↗
permitted subjectsIndiana permitted agreement subjectsInd. Code § 31-11-3-5(a) · statute

Permitted subjects include property rights and management, disposition, modification or elimination of spousal maintenance, estate planning, life-insurance benefits, choice of law, and other lawful personal rights and obligations.

Scoped statutory propositions

  • Permitted subjects include property rights and management, disposition, modification or elimination of spousal maintenance, estate planning, life-insurance benefits, choice of law, and other lawful personal rights and obligations.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Does each material clause fit a permitted and lawful subject?
Indiana General AssemblyReviewed 2026-07-22Open cited source ↗
child supportIndiana child-support limitationInd. Code § 31-11-3-5(b) · statute

An Indiana premarital agreement may not adversely affect a child's right to support.

Scoped statutory propositions

  • An Indiana premarital agreement may not adversely affect a child's right to support.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Does any provision purport to adversely affect a child's support right?
Indiana General AssemblyReviewed 2026-07-22Open cited source ↗
effective dateIndiana effect of marriageInd. Code § 31-11-3-6 · statute

An Indiana premarital agreement becomes effective upon marriage.

Scoped statutory propositions

  • An Indiana premarital agreement becomes effective upon marriage.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Did the contemplated marriage occur, and when did the agreement become effective?
Indiana General AssemblyReviewed 2026-07-22Open cited source ↗
amendment revocationIndiana amendment and revocation formalitiesInd. Code § 31-11-3-7 · statute

After marriage, amendment or revocation requires a written agreement signed by both parties and is enforceable without consideration.

Scoped statutory propositions

  • After marriage, amendment or revocation requires a written agreement signed by both parties and is enforceable without consideration.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Is every claimed post-marriage change supported by the required signed writing?
Indiana General AssemblyReviewed 2026-07-22Open cited source ↗
voluntarinessIndiana statutory enforcement groundsInd. Code § 31-11-3-8(a), (c) · statute

The party resisting enforcement must prove either involuntary execution or that the agreement was unconscionable when executed; the court decides unconscionability as a matter of law.

Scoped statutory propositions

  • The party resisting enforcement must prove either involuntary execution or that the agreement was unconscionable when executed; the court decides unconscionability as a matter of law.
  • Indiana's section 31-11-3-8 does not reproduce the model UPAA's financial-disclosure, waiver, and knowledge elements; those issues may still matter under contract language and Indiana cases.

Questions for counsel

  • What admissible evidence bears on each alternative statutory ground?
Indiana General AssemblyReviewed 2026-07-22Open cited source ↗
spousal supportIndiana extreme-hardship maintenance safeguardInd. Code § 31-11-3-8(b) · statute

If a maintenance modification or elimination causes extreme hardship under circumstances not reasonably foreseeable when the agreement was executed, a court may require maintenance only to the extent necessary to avoid that hardship.

Scoped statutory propositions

  • If a maintenance modification or elimination causes extreme hardship under circumstances not reasonably foreseeable when the agreement was executed, a court may require maintenance only to the extent necessary to avoid that hardship.
  • This is a narrow statutory safety valve, not a general license to rewrite an unfavorable agreement.

Questions for counsel

  • Could the maintenance term cause qualifying extreme hardship, and what relief is necessary?
Indiana General AssemblyReviewed 2026-07-22Open cited source ↗
void marriageIndiana void-marriage ruleInd. Code § 31-11-3-9 · statute

If a marriage is void, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

Scoped statutory propositions

  • If a marriage is void, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • How could disputed marriage validity affect available relief?
Indiana General AssemblyReviewed 2026-07-22Open cited source ↗
limitationsIndiana limitations and equitable-defenses ruleInd. Code § 31-11-3-10 · statute

An applicable limitations period for relief under a premarital agreement is tolled during marriage, while equitable defenses including laches and estoppel remain available.

Scoped statutory propositions

  • An applicable limitations period for relief under a premarital agreement is tolled during marriage, while equitable defenses including laches and estoppel remain available.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • How do statutory tolling and equitable defenses affect the claim timeline?
Indiana General AssemblyReviewed 2026-07-22Open cited source ↗
independent counselIndiana execution-time unconscionability decisionFetters v. Fetters, 26 N.E.3d 1016 (Ind. Ct. App. 2015), trans. denied · case reporter

Fetters held an agreement unconscionable on extraordinary facts including the wife's minority, poor reading ability, lack of independent advice and assets, extreme life-experience imbalance, and an entirely one-sided property result.

Scoped statutory propositions

  • Fetters held an agreement unconscionable on extraordinary facts including the wife's minority, poor reading ability, lack of independent advice and assets, extreme life-experience imbalance, and an entirely one-sided property result.
  • Fetters is highly fact-specific. It treats counsel as one relevant factor and did not make independent representation categorically mandatory.

Questions for counsel

  • How does the actual execution record compare with the exceptional facts in Fetters?
Justia reproduction of published Indiana appellate opinionReviewed 2026-07-22Open cited source ↗
limitationsIndiana equitable time-defense decisionFetters v. Fetters, 26 N.E.3d 1016, 1023–24 (Ind. Ct. App. 2015), trans. denied · case reporter

Fetters held that remaining married and delaying a challenge did not alone establish laches or estoppel; the record lacked the required detrimental reliance.

Scoped statutory propositions

  • Fetters held that remaining married and delaying a challenge did not alone establish laches or estoppel; the record lacked the required detrimental reliance.
  • The result turned on the record and does not eliminate equitable defenses preserved by section 31-11-3-10.

Questions for counsel

  • What evidence, beyond passage of time, supports every element of the asserted equitable defense?
Justia reproduction of published Indiana appellate opinionReviewed 2026-07-22Open cited source ↗
timingIndiana voluntariness, counsel, and timing decisionHarrill v. Harrill, 258 N.E.3d 1008 (Ind. Ct. App. 2025) · case reporter

Harrill upheld voluntary execution where an experienced adult received a draft days before signing, had an opportunity to retain counsel, negotiated a change, signed more than a week before the wedding, and conceded the absence of fraud or misrepresentation.

Scoped statutory propositions

  • Harrill upheld voluntary execution where an experienced adult received a draft days before signing, had an opportunity to retain counsel, negotiated a change, signed more than a week before the wedding, and conceded the absence of fraud or misrepresentation.
  • Harrill applies a total record and establishes no fixed waiting period or rule that merely offering counsel always cures coercion.

Questions for counsel

  • What does the complete draft, negotiation, counsel, and signing chronology show?
Justia reproduction of published Indiana appellate opinionReviewed 2026-07-22Open cited source ↗
financial disclosureIndiana disclosure and agreement-language boundaryHarrill v. Harrill, 258 N.E.3d 1008, 1014–16 (Ind. Ct. App. 2025) · case reporter

Harrill explains that Indiana generally imposes no absolute duty to identify every separate asset, but a duty may arise from unique facts or from the agreement's own disclosure promises; omitted accounts were classified under that agreement's text.

Scoped statutory propositions

  • Harrill explains that Indiana generally imposes no absolute duty to identify every separate asset, but a duty may arise from unique facts or from the agreement's own disclosure promises; omitted accounts were classified under that agreement's text.
  • The holding is contract- and record-specific and must not be converted into either a universal disclosure exemption or a statutory UPAA disclosure test.

Questions for counsel

  • What disclosure duty does the agreement itself assume, and how does it classify an omitted asset?
Justia reproduction of published Indiana appellate opinionReviewed 2026-07-22Open cited source ↗
spousal supportIndiana unconscionability frameworkFetters v. Fetters, 26 N.E.3d 1016, 1020–22 (Ind. Ct. App. 2015), trans. denied · case reporter

Fetters applies execution-time unconscionability and considers bargaining-power disparity, one-sidedness or unfair surprise, economic circumstances, execution conditions, knowledge, and independent counsel.

Scoped statutory propositions

  • Fetters applies execution-time unconscionability and considers bargaining-power disparity, one-sidedness or unfair surprise, economic circumstances, execution conditions, knowledge, and independent counsel.
  • Fetters did not resolve a possible conflict about later-arising unconscionability because execution-time unconscionability independently decided that case.

Questions for counsel

  • What execution-time facts bear on the Indiana unconscionability factors?
Justia reproduction of published Indiana appellate opinionReviewed 2026-07-22Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Indiana guide →View machine-readable package →
IA

Iowa

Version
ia-2026-07-22.3
Checked
2026-07-22
Effective through
2026-07-22
Resources
13
Research tier
section verified
Source health
current with manual checks

Iowa Uniform Premarital Agreement Act, Iowa Code chapter 596 (2026), with section-level records for form, content, support limits, effect, revocation, enforcement, disclosure, severability, void marriage, limitations, applicability, amendment history, and the leading Shanks interpretation.

formalitiespermitted subjectschild supporteffective dateamendment revocationvoluntarinessfinancial disclosurelimitationsvoid marriage
MaintenanceNext package review due 2026-10-201 access checks · 1 later-authority searches
formalitiesIowa writing and signature requirementsIowa Code § 596.4 (2026) · statute

An Iowa premarital agreement must be in writing and signed by both prospective spouses and is enforceable without consideration other than marriage.

Scoped statutory propositions

  • An Iowa premarital agreement must be in writing and signed by both prospective spouses and is enforceable without consideration other than marriage.
  • Section 596.4 also directs both parties to execute documents necessary to enforce the agreement; the official history traces the section to 1991 Iowa Acts chapter 77, section 4.

Questions for counsel

  • Is the complete agreement signed by both prospective spouses, and were all documents necessary to implement it executed?
Iowa LegislatureReviewed 2026-07-22Open cited source ↗
permitted subjectsIowa permitted agreement subjectsIowa Code § 596.5(1) (2026) · statute

Iowa permits provisions addressing property rights and management, disposition, estate-planning arrangements, life-insurance benefits, choice of law, and other matters not violating public policy or a criminal statute.

Scoped statutory propositions

  • Iowa permits provisions addressing property rights and management, disposition, estate-planning arrangements, life-insurance benefits, choice of law, and other matters not violating public policy or a criminal statute.
  • The official history traces section 596.5 to 1991 Iowa Acts chapter 77, section 5.

Questions for counsel

  • Which provisions require a deed, will, trust, beneficiary designation, or other implementing document?
Iowa LegislatureReviewed 2026-07-22Open cited source ↗
child supportIowa spouse-and-child support limitationIowa Code § 596.5(2) (2026) · statute

An Iowa premarital agreement may not adversely affect the right of a spouse or child to support.

Scoped statutory propositions

  • An Iowa premarital agreement may not adversely affect the right of a spouse or child to support.
  • Support provisions require separate analysis and should not be treated as ordinary property allocations.

Questions for counsel

  • Does any provision purport to adversely affect a spouse's or child's support right?
Iowa LegislatureReviewed 2026-07-22Open cited source ↗
effective dateIowa effect of marriageIowa Code § 596.6 (2026) · statute

An Iowa premarital agreement becomes effective upon the parties' marriage.

Scoped statutory propositions

  • An Iowa premarital agreement becomes effective upon the parties' marriage.
  • The execution date and marriage date should be recorded separately.

Questions for counsel

  • Did the contemplated marriage occur, and when did the agreement become effective?
Iowa LegislatureReviewed 2026-07-22Open cited source ↗
amendment revocationIowa revocation rulesIowa Code § 596.7 (2026) · statute

After marriage, an Iowa premarital agreement may be revoked by a writing signed by both spouses, or without the other spouse's consent upon proof of a listed voluntariness, unconscionability, or disclosure ground.

Scoped statutory propositions

  • After marriage, an Iowa premarital agreement may be revoked by a writing signed by both spouses, or without the other spouse's consent upon proof of a listed voluntariness, unconscionability, or disclosure ground.
  • The statute calls the mutual revocation enforceable without consideration and traces section 596.7 to 1991 Iowa Acts chapter 77, section 7.

Questions for counsel

  • Is the claimed revocation written and signed, or what evidence supports each asserted statutory ground for unilateral revocation?
Iowa LegislatureReviewed 2026-07-22Open cited source ↗
voluntarinessIowa voluntariness and execution-time unconscionabilityIowa Code § 596.8(1)(a)–(b) (2026) · statute

The party resisting enforcement in Iowa may prove that execution was not voluntary or that the agreement was unconscionable when executed.

Scoped statutory propositions

  • The party resisting enforcement in Iowa may prove that execution was not voluntary or that the agreement was unconscionable when executed.
  • The official history identifies a 2013 amendment to section 596.8 in 2013 Iowa Acts chapter 30, section 261.

Questions for counsel

  • What admissible evidence addresses voluntariness and the agreement's circumstances and terms when executed?
Iowa LegislatureReviewed 2026-07-22Open cited source ↗
financial disclosureIowa disclosure and knowledge safeguardIowa Code § 596.8(1)(c) (2026) · statute

Iowa's disclosure ground examines whether the resisting party received fair and reasonable disclosure and lacked, or reasonably could not have had, adequate knowledge of the other spouse's property or financial obligations.

Scoped statutory propositions

  • Iowa's disclosure ground examines whether the resisting party received fair and reasonable disclosure and lacked, or reasonably could not have had, adequate knowledge of the other spouse's property or financial obligations.
  • The conjunctive statutory language should be analyzed as written; incomplete schedules alone do not resolve the legal test.

Questions for counsel

  • What evidence addresses both disclosure and actual or reasonably available knowledge before execution?
Iowa LegislatureReviewed 2026-07-22Open cited source ↗
limitationsIowa statutory severability ruleIowa Code § 596.8(2) (2026) · statute

If a provision or its application is unenforceable, Iowa directs severance without affecting provisions or applications that can operate without it.

Scoped statutory propositions

  • If a provision or its application is unenforceable, Iowa directs severance without affecting provisions or applications that can operate without it.
  • Severability remains a legal question tied to the text and requested remedy.

Questions for counsel

  • If a term is challenged, can the remaining provisions operate without it under section 596.8(2)?
Iowa LegislatureReviewed 2026-07-22Open cited source ↗
limitationsIowa court-decided unconscionability questionIowa Code § 596.9 (2026) · statute

In an action to revoke or enforce an Iowa premarital agreement, unconscionability is decided by the court as a matter of law.

Scoped statutory propositions

  • In an action to revoke or enforce an Iowa premarital agreement, unconscionability is decided by the court as a matter of law.
  • The statute does not authorize an automated system to decide unconscionability.

Questions for counsel

  • Which facts and challenged terms should counsel present for the court's legal determination?
Iowa LegislatureReviewed 2026-07-22Open cited source ↗
void marriageIowa void-marriage ruleIowa Code § 596.10 (2026) · statute

If a marriage is void, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

Scoped statutory propositions

  • If a marriage is void, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
  • The provision does not predict what relief a court would find necessary.

Questions for counsel

  • If marriage validity is disputed, how could section 596.10 affect the requested relief?
Iowa LegislatureReviewed 2026-07-22Open cited source ↗
limitationsIowa limitation-of-actions ruleIowa Code § 596.11 (2026) · statute

A limitations period for relief under an Iowa premarital agreement is tolled during marriage, while equitable defenses including laches and estoppel remain available.

Scoped statutory propositions

  • A limitations period for relief under an Iowa premarital agreement is tolled during marriage, while equitable defenses including laches and estoppel remain available.
  • Claim timing and equitable defenses require counsel's analysis of the procedural record.

Questions for counsel

  • How do statutory tolling and equitable defenses affect the claim's timing?
Iowa LegislatureReviewed 2026-07-22Open cited source ↗
limitationsIowa act applicability and prior agreementsIowa Code § 596.12 (2026) · statute

Iowa chapter 596 took effect January 1, 1992, applies to agreements executed on or after that date, and does not affect the validity of earlier agreements under Iowa law.

Scoped statutory propositions

  • Iowa chapter 596 took effect January 1, 1992, applies to agreements executed on or after that date, and does not affect the validity of earlier agreements under Iowa law.
  • The official chapter traces its enactment to 1991 Iowa Acts chapter 77 and identifies the 2013 amendment to section 596.8.

Questions for counsel

  • Was the agreement executed before or after January 1, 1992, and which legal framework applies?
Iowa LegislatureReviewed 2026-07-22Open cited source ↗
voluntarinessIowa Supreme Court's chapter 596 frameworkIn re Marriage of Shanks, 758 N.W.2d 506 (Iowa 2008) · case reporter

Shanks interprets Iowa chapter 596's voluntariness and unconscionability standards and held the agreement before it voluntarily executed, conscionable, and enforceable.

Scoped statutory propositions

  • Shanks interprets Iowa chapter 596's voluntariness and unconscionability standards and held the agreement before it voluntarily executed, conscionable, and enforceable.
  • Shanks explains that voluntariness focuses on duress and undue influence and that Iowa's statutory unconscionability inquiry differs from the uniform act; later Iowa authority must also be checked.

Questions for counsel

  • How do Shanks and later Iowa decisions apply to the agreement's execution process and challenged terms?
Justia reproduction of Iowa Supreme Court opinionReviewed 2026-07-22Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Iowa guide →View machine-readable package →
KS

Kansas

Version
ks-2026-07-22.3
Checked
2026-07-22
Effective through
2026-07-22
Resources
14
Research tier
section verified
Source health
current with manual checks

Kansas Uniform Premarital Agreement Act, K.S.A. §§ 23-2401–2411, with exact sections, 1988 enactment history, applicability, and the Davis and Nelson interpretations.

propertyformalitiespermitted subjectschild supporteffective dateamendment revocationvoluntarinessfinancial disclosurepublic assistancevoid marriagelimitationsindependent counsel
MaintenanceNext package review due 2026-10-202 access checks · 2 later-authority searches
propertyKansas statutory definitionsK.S.A. § 23-2402 · statute

Kansas defines a premarital agreement as one between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.

Scoped statutory propositions

  • Kansas defines a premarital agreement as one between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.
  • The section was enacted by L. 1988, chapter 204, section 2, effective July 1, 1988.

Questions for counsel

  • Does the document fit the statutory definition, and which interests fall within its property terms?
Kansas Office of Revisor of StatutesReviewed 2026-07-22Open cited source ↗
formalitiesKansas writing and signature requirementsK.S.A. § 23-2403 · statute

A Kansas premarital agreement must be in writing and signed by both parties and is enforceable without consideration.

Scoped statutory propositions

  • A Kansas premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
  • The section was enacted by L. 1988, chapter 204, section 3, effective July 1, 1988.

Questions for counsel

  • Is the complete agreement, including every incorporated schedule, written and signed by both parties?
Kansas Office of Revisor of StatutesReviewed 2026-07-22Open cited source ↗
permitted subjectsKansas permitted agreement subjectsK.S.A. § 23-2404(a) · statute

Kansas lists property rights and management, disposition, spousal support, estate planning, life-insurance death benefits, choice of law, and other lawful personal rights and obligations as permitted subjects.

Scoped statutory propositions

  • Kansas lists property rights and management, disposition, spousal support, estate planning, life-insurance death benefits, choice of law, and other lawful personal rights and obligations as permitted subjects.
  • Other matters remain limited by public policy and statutes imposing criminal penalties.

Questions for counsel

  • Which provisions depend on a deed, will, trust, beneficiary designation, or other implementing document?
Kansas Office of Revisor of StatutesReviewed 2026-07-22Open cited source ↗
child supportKansas child-support limitationK.S.A. § 23-2404(b) · statute

A Kansas premarital agreement may not adversely affect a child's right to support.

Scoped statutory propositions

  • A Kansas premarital agreement may not adversely affect a child's right to support.
  • Child-related language requires separate review under current Kansas law.

Questions for counsel

  • Does any provision purport to adversely affect a child's support right?
Kansas Office of Revisor of StatutesReviewed 2026-07-22Open cited source ↗
effective dateKansas effect of marriageK.S.A. § 23-2405 · statute

A Kansas premarital agreement becomes effective upon marriage.

Scoped statutory propositions

  • A Kansas premarital agreement becomes effective upon marriage.
  • Keep execution and marriage dates distinct in the evidence timeline.

Questions for counsel

  • Did the contemplated marriage occur, and on what date did the agreement become effective?
Kansas Office of Revisor of StatutesReviewed 2026-07-22Open cited source ↗
amendment revocationKansas amendment and revocation formalitiesK.S.A. § 23-2406 · statute

After marriage, amendment or revocation requires a written agreement signed by both parties and is enforceable without consideration.

Scoped statutory propositions

  • After marriage, amendment or revocation requires a written agreement signed by both parties and is enforceable without consideration.
  • Every claimed change should be matched to the operative signed writing.

Questions for counsel

  • Are all claimed amendments or revocations written and signed by both parties?
Kansas Office of Revisor of StatutesReviewed 2026-07-22Open cited source ↗
voluntarinessKansas voluntary-execution safeguardK.S.A. § 23-2407(a)(1) · statute

The party resisting enforcement in Kansas may prove that the agreement was not executed voluntarily.

Scoped statutory propositions

  • The party resisting enforcement in Kansas may prove that the agreement was not executed voluntarily.
  • Preserve draft history, negotiation timing, communications, counsel records, and signing circumstances.

Questions for counsel

  • What admissible evidence bears on voluntary execution under section 23-2407 and current Kansas decisions?
Kansas Office of Revisor of StatutesReviewed 2026-07-22Open cited source ↗
financial disclosureKansas unconscionability and disclosure safeguardK.S.A. § 23-2407(a)(2), (c) · statute

Kansas's execution-time unconscionability ground also requires all three statutory disclosure conditions: no fair and reasonable disclosure, no voluntary express written waiver, and no adequate knowledge of the other party's property or financial obligations.

Scoped statutory propositions

  • Kansas's execution-time unconscionability ground also requires all three statutory disclosure conditions: no fair and reasonable disclosure, no voluntary express written waiver, and no adequate knowledge of the other party's property or financial obligations.
  • The court decides unconscionability as a matter of law.

Questions for counsel

  • What evidence addresses every part of section 23-2407(a)(2)?
Kansas Office of Revisor of StatutesReviewed 2026-07-22Open cited source ↗
public assistanceKansas public-assistance support safeguardK.S.A. § 23-2407(b) · statute

A Kansas court may require support to the extent necessary to avoid public-assistance eligibility caused by a premarital support modification or elimination.

Scoped statutory propositions

  • A Kansas court may require support to the extent necessary to avoid public-assistance eligibility caused by a premarital support modification or elimination.
  • The safeguard operates at separation or marital dissolution.

Questions for counsel

  • Could the support provision cause public-assistance eligibility?
Kansas Office of Revisor of StatutesReviewed 2026-07-22Open cited source ↗
void marriageKansas void-marriage ruleK.S.A. § 23-2408 · statute

If a marriage is void, an otherwise premarital agreement is enforceable only as necessary to avoid an inequitable result.

Scoped statutory propositions

  • If a marriage is void, an otherwise premarital agreement is enforceable only as necessary to avoid an inequitable result.
  • The section does not itself determine relief.

Questions for counsel

  • How could section 23-2408 affect relief if marriage validity is disputed?
Kansas Office of Revisor of StatutesReviewed 2026-07-22Open cited source ↗
limitationsKansas limitation-of-actions ruleK.S.A. § 23-2409 · statute

Kansas tolls an applicable limitations period for a claim under a premarital agreement during marriage while preserving equitable time defenses including laches and estoppel.

Scoped statutory propositions

  • Kansas tolls an applicable limitations period for a claim under a premarital agreement during marriage while preserving equitable time defenses including laches and estoppel.
  • Claim timing still requires fact-specific review.

Questions for counsel

  • How do tolling and equitable defenses affect the claim timeline?
Kansas Office of Revisor of StatutesReviewed 2026-07-22Open cited source ↗
limitationsKansas enactment, uniformity, and applicabilityK.S.A. §§ 23-2401, 23-2410–2411 · statute

Kansas enacted the Uniform Premarital Agreement Act in 1988, directs uniform construction, and applies it to agreements executed on or after its July 1, 1988 effective date.

Scoped statutory propositions

  • Kansas enacted the Uniform Premarital Agreement Act in 1988, directs uniform construction, and applies it to agreements executed on or after its July 1, 1988 effective date.
  • The current sections recodify former K.S.A. 23-801 through 23-811; agreement date determines whether the Act applies.

Questions for counsel

  • Was the agreement executed before or after July 1, 1988, and has counsel mapped any former-section citations?
Kansas Office of Revisor of StatutesReviewed 2026-07-22Open cited source ↗
independent counselKansas Supreme Court voluntariness frameworkDavis v. Miller, 269 Kan. 732, 7 P.3d 1223 (2000) · case reporter

Davis identifies circumstances relevant to voluntariness, disclosure, knowledge, counsel, timing, and bargaining context, and enforced the parties' contractual choice to apply the Kansas Act to the postnuptial agreement before the court.

Scoped statutory propositions

  • Davis identifies circumstances relevant to voluntariness, disclosure, knowledge, counsel, timing, and bargaining context, and enforced the parties' contractual choice to apply the Kansas Act to the postnuptial agreement before the court.
  • Davis does not establish that the Act automatically governs every postnuptial agreement; its application there rested on the agreement's choice-of-law provision.

Questions for counsel

  • Which Davis circumstances are supported by evidence, and does the case's contractual application of the Act fit this document?
Justia reproduction of Kansas Supreme Court opinionReviewed 2026-07-22Open cited source ↗
propertyKansas Court of Appeals agreement-and-deed constructionIn re Marriage of Nelson, 58 Kan. App. 2d 920, 475 P.3d 1284 (2020) · case reporter

Nelson applies whole-document construction to an unambiguous premarital agreement and held that unambiguous joint-tenancy deeds controlled without parol evidence used to impeach their written terms.

Scoped statutory propositions

  • Nelson applies whole-document construction to an unambiguous premarital agreement and held that unambiguous joint-tenancy deeds controlled without parol evidence used to impeach their written terms.
  • Asset title, deed language, and the agreement must be evaluated together rather than inferred from a general property label.

Questions for counsel

  • What do the agreement and each operative title document unambiguously provide for the disputed asset?
Justia reproduction of Kansas Court of Appeals opinionReviewed 2026-07-22Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Kansas guide →View machine-readable package →
KY

Kentucky

Version
ky-2026-07-23.3
Checked
2026-07-23
Effective through
2026-07-23
Resources
24
Research tier
section verified
Source health
current with manual checks

Kentucky's statute-of-frauds formality, Chapter 403 property and family-law boundaries, and controlling Gentry, Lawson, and Lane decisions addressing execution, disclosure, maintenance, property, changed circumstances, and child-related limits.

formalitieslimitationspermitted subjectsspousal supportchild supportfinancial disclosurevoluntarinesspropertytimingindependent counselamendment revocationeffective date
MaintenanceNext package review due 2026-10-2116 access checks · 18 later-authority searches
formalitiesKentucky statute-of-frauds formalityKy. Rev. Stat. § 371.010(5) · official guidance

An agreement made in consideration of marriage, other than mutual promises to marry, must be in writing and signed by the party to be charged or that party's authorized agent to support an action.

Scoped statutory propositions

  • An agreement made in consideration of marriage, other than mutual promises to marry, must be in writing and signed by the party to be charged or that party's authorized agent to support an action.
  • Section 371.010 does not itself impose a witness, acknowledgment, or notary requirement; transaction-specific law and historical text still require review.

Questions for counsel

  • Is the complete agreement written and signed by every party against whom enforcement is sought?
Kentucky Legislative Research Commission, official Kentucky Revised StatutesReviewed 2026-07-23Open cited source ↗
limitationsKentucky dissolution statutory contextKy. Rev. Stat. ch. 403 · official guidance

Chapter 403 supplies current property, maintenance, child-support, custody, fee, and dissolution rules that operate alongside a premarital agreement.

Scoped statutory propositions

  • Chapter 403 supplies current property, maintenance, child-support, custody, fee, and dissolution rules that operate alongside a premarital agreement.
  • This title-wide record preserves the existing source ID; exact section records below identify the principal intersections.

Questions for counsel

  • Which current Chapter 403 provisions independently govern or limit the disputed term?
Kentucky Legislative Research Commission, official Kentucky Revised StatutesReviewed 2026-07-23Open cited source ↗
permitted subjectsKentucky property excluded by valid agreementKy. Rev. Stat. § 403.190(2)(d) · official guidance

Kentucky excludes from marital property property excluded by a valid agreement, while Gentry permits parties to define rights in property otherwise governed by section 403.190.

Scoped statutory propositions

  • Kentucky excludes from marital property property excluded by a valid agreement, while Gentry permits parties to define rights in property otherwise governed by section 403.190.
  • The statute does not dispense with Gentry's validity and enforcement-time review.

Questions for counsel

  • What property does the exact agreement validly exclude, and how was it titled and treated?
Kentucky Legislative Research Commission, official Kentucky Revised StatutesReviewed 2026-07-23Open cited source ↗
limitationsKentucky separation-agreement boundaryKy. Rev. Stat. § 403.180 · official guidance

Section 403.180 governs written separation agreements and makes non-child terms binding unless unconscionable, but expressly excludes custody, support, and visitation terms from that binding rule.

Scoped statutory propositions

  • Section 403.180 governs written separation agreements and makes non-child terms binding unless unconscionable, but expressly excludes custody, support, and visitation terms from that binding rule.
  • Gentry used section 403.180 as an analogy for enforcement-time review; it is not Kentucky's general premarital-agreement formation statute.

Questions for counsel

  • Is the instrument premarital or a later separation agreement, and which section 403.180 rules actually apply?
Kentucky Legislative Research Commission, official Kentucky Revised StatutesReviewed 2026-07-23Open cited source ↗
spousal supportKentucky maintenance statutory contextKy. Rev. Stat. § 403.200 · official guidance

Section 403.200 supplies default eligibility, amount, and duration factors for maintenance; a waiver remains subject to the agreement's text and Lane's case-specific unconscionability review.

Scoped statutory propositions

  • Section 403.200 supplies default eligibility, amount, and duration factors for maintenance; a waiver remains subject to the agreement's text and Lane's case-specific unconscionability review.
  • Gentry did not involve a maintenance waiver and must not be cited as blanket approval of one.

Questions for counsel

  • What maintenance would default law permit, and would enforcing the actual waiver be unconscionable under Lane?
Kentucky Legislative Research Commission, official Kentucky Revised StatutesReviewed 2026-07-23Open cited source ↗
child supportKentucky child-support guideline and court-review boundaryKy. Rev. Stat. §§ 403.211–.2122 · official guidance

Current guideline amounts are a rebuttable presumption; any deviation requires statutory grounds and court findings, and a parental agreement alone cannot absolutely waive the support obligation.

Scoped statutory propositions

  • Current guideline amounts are a rebuttable presumption; any deviation requires statutory grounds and court findings, and a parental agreement alone cannot absolutely waive the support obligation.
  • Section 403.211 permits an informed parental agreement to be considered as one deviation factor, but never as a self-executing waiver where public assistance is paid.

Questions for counsel

  • Does any term attempt to waive or predetermine support without the current statutory calculation and judicial findings?
Kentucky Legislative Research Commission, official Kentucky Revised StatutesReviewed 2026-07-23Open cited source ↗
child supportKentucky custody best-interests boundaryKy. Rev. Stat. § 403.270 · official guidance

A court must determine custody under the child's best interests and current statutory presumptions and factors, so a premarital custody allocation cannot bind the future court.

Scoped statutory propositions

  • A court must determine custody under the child's best interests and current statutory presumptions and factors, so a premarital custody allocation cannot bind the future court.
  • The section shown is effective July 15, 2026; older proceedings require the text then in force.

Questions for counsel

  • Does the agreement attempt to predetermine custody or parenting contrary to the court's current statutory duties?
Kentucky Legislative Research Commission, official Kentucky Revised StatutesReviewed 2026-07-23Open cited source ↗
financial disclosureKentucky premarital-agreement foundationGentry v. Gentry, 798 S.W.2d 928 (Ky. 1990) · case reporter

Gentry recognizes divorce-related premarital property agreements that were freely, knowingly, and voluntarily executed after full disclosure, subject to review for defects, unconscionability, and materially changed circumstances.

Scoped statutory propositions

  • Gentry recognizes divorce-related premarital property agreements that were freely, knowingly, and voluntarily executed after full disclosure, subject to review for defects, unconscionability, and materially changed circumstances.
  • Gentry overruled inconsistent older public-policy cases but expressly did not decide an agreement waiving both marital property and maintenance.

Questions for counsel

  • What evidence supports every part of the Gentry framework?
Justia reproduction of published Kentucky appellate opinionReviewed 2026-07-23Open cited source ↗
voluntarinessKentucky fraud, duress, and nondisclosure inquiryGentry v. Gentry, 798 S.W.2d 928, 936 (Ky. 1990) · case reporter

Gentry's first criterion asks whether fraud, duress, mistake, misrepresentation, or nondisclosure of material facts affected the agreement.

Scoped statutory propositions

  • Gentry's first criterion asks whether fraud, duress, mistake, misrepresentation, or nondisclosure of material facts affected the agreement.
  • The criteria are fact-specific and do not create a signature-only safe harbor.

Questions for counsel

  • What admissible evidence supports or defeats each claimed execution defect?
Justia reproduction of published Kentucky appellate opinionReviewed 2026-07-23Open cited source ↗
spousal supportKentucky execution-time unconscionabilityGentry v. Gentry, 798 S.W.2d 928, 936 (Ky. 1990) · case reporter

Gentry requires review for unconscionability, including whether the agreement was manifestly unfair when executed.

Scoped statutory propositions

  • Gentry requires review for unconscionability, including whether the agreement was manifestly unfair when executed.
  • Gentry upheld an agreement that did not waive maintenance; support waivers require Lane analysis.

Questions for counsel

  • Was the agreement unconscionable when made on the complete economic and execution record?
Justia reproduction of published Kentucky appellate opinionReviewed 2026-07-23Open cited source ↗
spousal supportKentucky enforcement-time changed circumstancesGentry v. Gentry, 798 S.W.2d 928, 936 (Ky. 1990) · case reporter

A court must examine the agreement when enforcement is sought and may refuse enforcement if later facts and circumstances make it unconscionable, unfair, or unreasonable.

Scoped statutory propositions

  • A court must examine the agreement when enforcement is sought and may refuse enforcement if later facts and circumstances make it unconscionable, unfair, or unreasonable.
  • A disappointing bargain alone is not enough; the record must establish the claimed enforcement-time injustice.

Questions for counsel

  • What material circumstances changed after signing, and were they within the parties' contemplation?
Justia reproduction of published Kentucky appellate opinionReviewed 2026-07-23Open cited source ↗
propertyKentucky agreed property classificationGentry v. Gentry, 798 S.W.2d 928 (Ky. 1990); Ky. Rev. Stat. § 403.190(2)(d) · case reporter

Parties may define rights in property they own at marriage or later acquire, and Gentry enforced the exact ownership allocation including jointly titled property rather than substituting a generic separate-property result.

Scoped statutory propositions

  • Parties may define rights in property they own at marriage or later acquire, and Gentry enforced the exact ownership allocation including jointly titled property rather than substituting a generic separate-property result.
  • The result turned on the agreement's language and ownership evidence; it is not a universal title-only rule.

Questions for counsel

  • How does the agreement classify each asset, and what do title and later transactions show?
Justia reproduction of published Kentucky appellate opinionReviewed 2026-07-23Open cited source ↗
spousal supportKentucky Gentry maintenance boundaryGentry v. Gentry, 798 S.W.2d 928 (Ky. 1990) · case reporter

Gentry separately affirmed a statutory maintenance award and emphasized that the premarital agreement before it did not waive maintenance.

Scoped statutory propositions

  • Gentry separately affirmed a statutory maintenance award and emphasized that the premarital agreement before it did not waive maintenance.
  • Do not use Gentry's property holding as if it resolved the validity of a total maintenance waiver.

Questions for counsel

  • Does the agreement actually waive maintenance, and which later authority governs that term?
Justia reproduction of published Kentucky appellate opinionReviewed 2026-07-23Open cited source ↗
financial disclosureKentucky full-disclosure requirementLawson v. Loid, 896 S.W.2d 1 (Ky. 1995) · case reporter

The spouse giving up rights must be fully apprised of the extent and nature of the other estate and the value of the rights surrendered.

Scoped statutory propositions

  • The spouse giving up rights must be fully apprised of the extent and nature of the other estate and the value of the rights surrendered.
  • Lawson arose in a probate dispute; counsel must analyze how its disclosure rule interacts with the particular divorce or death claim.

Questions for counsel

  • What was disclosed or actually known about the estate and the rights being surrendered?
Justia reproduction of published Kentucky appellate opinionReviewed 2026-07-23Open cited source ↗
financial disclosureKentucky disclosure burdenLawson v. Loid, 896 S.W.2d 1 (Ky. 1995) · case reporter

The party relying on a prenuptial agreement bears the burden of proving full disclosure of assets at signing.

Scoped statutory propositions

  • The party relying on a prenuptial agreement bears the burden of proving full disclosure of assets at signing.
  • Later cases may allocate other issues differently; this record states Lawson's specific full-disclosure burden.

Questions for counsel

  • What admissible evidence lets the proponent prove complete disclosure?
Justia reproduction of published Kentucky appellate opinionReviewed 2026-07-23Open cited source ↗
propertyKentucky death and survivor-rights enforcementLawson v. Loid, 896 S.W.2d 1 (Ky. 1995) · case reporter

Kentucky has long recognized premarital agreements intended to operate at death, but the scope of any dower, elective, or estate-right release and the disclosure record must be proved.

Scoped statutory propositions

  • Kentucky has long recognized premarital agreements intended to operate at death, but the scope of any dower, elective, or estate-right release and the disclosure record must be proved.
  • KRS 392.120 addresses jointure and should not be treated as a universal substitute for contract construction and Lawson.

Questions for counsel

  • Which survivor rights does the exact language release, and can the proponent prove the required disclosure?
Justia reproduction of published Kentucky appellate opinionReviewed 2026-07-23Open cited source ↗
spousal supportKentucky maintenance-waiver unconscionabilityLane v. Lane, 202 S.W.3d 577 (Ky. 2006) · case reporter

A trial court may modify or invalidate all or part of a premarital agreement when enforcement is unconscionable; Lane affirmed relief from a total maintenance waiver based on the first marriage, children, homemaking, career effects, growing disparity, and the agreement's combined restrictions.

Scoped statutory propositions

  • A trial court may modify or invalidate all or part of a premarital agreement when enforcement is unconscionable; Lane affirmed relief from a total maintenance waiver based on the first marriage, children, homemaking, career effects, growing disparity, and the agreement's combined restrictions.
  • Lane does not make every maintenance waiver invalid; trial courts retain broad, fact-specific discretion.

Questions for counsel

  • Would enforcing this support waiver be unconscionable on the case-specific Lane factors?
Justia reproduction of published Kentucky appellate opinionReviewed 2026-07-23Open cited source ↗
limitationsKentucky case-by-case review and remedyLane v. Lane, 202 S.W.3d 577 (Ky. 2006) · case reporter

Kentucky reviews agreements case by case and permits modification or invalidation of all or part where application is unconscionable, with deference to supported trial-court findings.

Scoped statutory propositions

  • Kentucky reviews agreements case by case and permits modification or invalidation of all or part where application is unconscionable, with deference to supported trial-court findings.
  • Lane distinguished rather than adopted every proposition in the intermediate Blue decision.

Questions for counsel

  • What provision-specific findings support enforcement, modification, or invalidation?
Justia reproduction of published Kentucky appellate opinionReviewed 2026-07-23Open cited source ↗
timingKentucky signing-timeline boundaryKy. Rev. Stat. § 371.010(5); Gentry v. Gentry, 798 S.W.2d 928 (Ky. 1990) · case reporter

Kentucky's current statute of frauds states no fixed premarital waiting period; timing remains evidence relevant to Gentry's fraud, duress, mistake, and voluntary-execution analysis rather than a numerical safe harbor.

Scoped statutory propositions

  • Kentucky's current statute of frauds states no fixed premarital waiting period; timing remains evidence relevant to Gentry's fraud, duress, mistake, and voluntary-execution analysis rather than a numerical safe harbor.
  • Absence of a fixed period in section 371.010 is not proof that compressed timing is harmless under common law.

Questions for counsel

  • What does the full drafting, delivery, negotiation, and wedding chronology show?
Justia reproduction of published Kentucky appellate opinionReviewed 2026-07-23Open cited source ↗
independent counselKentucky independent-counsel boundaryGentry v. Gentry, 798 S.W.2d 928 (Ky. 1990); Lane v. Lane, 202 S.W.3d 577 (Ky. 2006) · case reporter

Kentucky's writing statute does not make separate counsel an execution formality, but advice, conflicts, understanding, and opportunity to negotiate remain important evidence under Gentry and Lane's fairness review.

Scoped statutory propositions

  • Kentucky's writing statute does not make separate counsel an execution formality, but advice, conflicts, understanding, and opportunity to negotiate remain important evidence under Gentry and Lane's fairness review.
  • This record does not create a categorical counsel requirement or a safe harbor from merely having counsel.

Questions for counsel

  • What conflict-free advice and meaningful opportunity to negotiate did each party actually have?
Justia reproduction of published Kentucky appellate opinionReviewed 2026-07-23Open cited source ↗
amendment revocationKentucky later-change classification boundaryGentry v. Gentry, 798 S.W.2d 928 (Ky. 1990); Ky. Rev. Stat. §§ 371.010, 403.180 · case reporter

Kentucky has no UPAA-style general amendment-and-revocation section for prenups; a claimed later change must be classified under the agreement, statute of frauds, contract law, or the distinct separation-agreement statute.

Scoped statutory propositions

  • Kentucky has no UPAA-style general amendment-and-revocation section for prenups; a claimed later change must be classified under the agreement, statute of frauds, contract law, or the distinct separation-agreement statute.
  • Do not infer that section 403.180 validates every postnuptial change or that marital conduct automatically rewrites the prenup.

Questions for counsel

  • What legal instrument allegedly changed or superseded the prenup, and which rules govern it?
Justia reproduction of published Kentucky appellate opinionReviewed 2026-07-23Open cited source ↗
propertyKentucky death-versus-divorce scope constructionChenault v. Chenault, 799 S.W.2d 575 (Ky. 1990) · case reporter

Kentucky construes the actual trigger and operative language; Chenault treated its agreement as directed to death rather than divorce, so labels and general recitals cannot replace close textual analysis.

Scoped statutory propositions

  • Kentucky construes the actual trigger and operative language; Chenault treated its agreement as directed to death rather than divorce, so labels and general recitals cannot replace close textual analysis.
  • Chenault and Gentry were decided on different texts; neither supports ignoring the executed language.

Questions for counsel

  • Does the instrument unambiguously apply at death, divorce, both, or neither disputed event?
Justia reproduction of published Kentucky appellate opinionReviewed 2026-07-23Open cited source ↗
child supportKentucky child-support nonwaiver ruleSmith v. Smith, No. 2000-CA-001069-MR (Ky. Ct. App. 2001); Whicker v. Whicker, 711 S.W.2d 857 (Ky. Ct. App. 1986) · case reporter

A parent's obligation to support a child may not be absolutely waived by private contract; any different amount remains subject to the statutes, proof, and court review.

Scoped statutory propositions

  • A parent's obligation to support a child may not be absolutely waived by private contract; any different amount remains subject to the statutes, proof, and court review.
  • Smith concerned a later support dispute rather than a prenup, but states the mandatory child-right boundary.

Questions for counsel

  • Does the agreement attempt an absolute waiver, or merely propose a term still subject to judicial review?
Justia reproduction of published Kentucky appellate opinionReviewed 2026-07-23Open cited source ↗
effective dateKentucky common-law history and applicabilityGentry v. Gentry, 798 S.W.2d 928 (Ky. 1990); Ky. Rev. Stat. § 371.010 · case reporter

Kentucky has not enacted a UPAA or UPMAA applicability schedule; Gentry recognized divorce-related enforcement in 1990 and overruled inconsistent older public-policy cases, so historical agreements require then-current law.

Scoped statutory propositions

  • Kentucky has not enacted a UPAA or UPMAA applicability schedule; Gentry recognized divorce-related enforcement in 1990 and overruled inconsistent older public-policy cases, so historical agreements require then-current law.
  • The current section 371.010 history lists a July 13, 1990 amendment, but its marriage-writing rule was recodified from earlier law; counsel must retrieve historical text rather than assume the amendment created the requirement.

Questions for counsel

  • When was the agreement executed and what statutes and decisions governed then?
Justia reproduction of published Kentucky appellate opinionReviewed 2026-07-23Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Kentucky guide →View machine-readable package →
LA

Louisiana

Version
la-2026-07-23.3
Checked
2026-07-23
Effective through
2026-07-23
Resources
24
Research tier
section verified
Source health
current with manual checks

Louisiana Civil Code matrimonial-agreement rules, including authentic-act and acknowledged-private-act formalities, pre-marriage perfection, contractual consent, public-policy and registry limits, mid-marriage court approval, support, children, and current appellate applications.

formalitiespermitted subjectsvoluntarinessacknowledgmentlimitationspropertytimingindependent counselspousal supportfinancial disclosureamendment revocationeffective datechild support
MaintenanceNext package review due 2026-10-212 access checks · 8 later-authority searches
formalitiesLouisiana matrimonial-agreement formLa. Civ. Code art. 2331 · statute

A matrimonial agreement made before or during marriage must be an authentic act or an act under private signature duly acknowledged by the spouses.

Scoped statutory propositions

  • A matrimonial agreement made before or during marriage must be an authentic act or an act under private signature duly acknowledged by the spouses.
  • A signature plus ordinary notarization should not be assumed sufficient; articles 1833, 1836, and Acurio define the applicable form and timing details.

Questions for counsel

  • Which article 2331 form was used, and does the complete executed instrument satisfy it?
Louisiana State LegislatureReviewed 2026-07-23Open cited source ↗
permitted subjectsLouisiana matrimonial-agreement definition and property scopeLa. Civ. Code art. 2328 · statute

A matrimonial agreement establishes a separation-of-property regime or modifies or terminates the legal regime, while unexcluded provisions of the legal regime remain effective.

Scoped statutory propositions

  • A matrimonial agreement establishes a separation-of-property regime or modifies or terminates the legal regime, while unexcluded provisions of the legal regime remain effective.
  • Article 2328 is property-regime legislation, not a generic authorization for every personal, support, child, or succession term.

Questions for counsel

  • Which provisions of the legal regime does the agreement actually exclude or modify?
Louisiana State LegislatureReviewed 2026-07-23Open cited source ↗
voluntarinessLouisiana timing and court-approval structureLa. Civ. Code art. 2329 · statute

Spouses may agree before or during marriage on matters not prohibited by public policy, but a during-marriage modification or termination generally requires a joint petition and findings that it serves their best interests and that they understand the governing rules.

Scoped statutory propositions

  • Spouses may agree before or during marriage on matters not prohibited by public policy, but a during-marriage modification or termination generally requires a joint petition and findings that it serves their best interests and that they understand the governing rules.
  • The article contains separate exceptions for adopting the legal regime and for the first year after acquiring a Louisiana domicile; those exceptions must not be generalized.

Questions for counsel

  • Was the transaction completed before marriage, or did article 2329 require judicial approval?
Louisiana State LegislatureReviewed 2026-07-23Open cited source ↗
acknowledgmentLouisiana authentic-act execution requirementsLa. Civ. Code art. 1833 · statute

An authentic act requires execution before an authorized notary or officer in the presence of two witnesses and signatures by each executing party, each witness, and each notary, subject to the article's separate-execution rules.

Scoped statutory propositions

  • An authentic act requires execution before an authorized notary or officer in the presence of two witnesses and signatures by each executing party, each witness, and each notary, subject to the article's separate-execution rules.
  • The writing need not be executed at one time, place, or before the same notary and witnesses, but each party's execution must independently satisfy the statutory conditions.

Questions for counsel

  • Does each party's execution satisfy every element of article 1833?
Louisiana State LegislatureReviewed 2026-07-23Open cited source ↗
acknowledgmentLouisiana duly acknowledged private-act requirementsLa. Civ. Code art. 1836 · statute

A party may duly acknowledge a private signature by recognizing it before a court, notary, or other authorized officer in the presence of two witnesses, or in another legally authorized manner.

Scoped statutory propositions

  • A party may duly acknowledge a private signature by recognizing it before a court, notary, or other authorized officer in the presence of two witnesses, or in another legally authorized manner.
  • Acurio makes pre-marriage timing essential when this form is used for a premarital matrimonial agreement.

Questions for counsel

  • How and when did each spouse duly acknowledge the private signature?
Louisiana State LegislatureReviewed 2026-07-23Open cited source ↗
formalitiesLouisiana Supreme Court pre-marriage perfection ruleAcurio v. Acurio, 2016-C-1395 (La. May 3, 2017), 224 So. 3d 935 · court opinion

A private-signature premarital agreement must be duly acknowledged before marriage; later acknowledgment does not cure the missing pre-marriage form without satisfying the during-marriage regime-change rules.

Scoped statutory propositions

  • A private-signature premarital agreement must be duly acknowledged before marriage; later acknowledgment does not cure the missing pre-marriage form without satisfying the during-marriage regime-change rules.
  • Acurio resolved an appellate split and treated acknowledgment timing as a form requirement; it does not invalidate an authentic act that already complied before marriage.

Questions for counsel

  • Were both private signatures duly acknowledged before the marriage ceremony?
Louisiana judiciary official opinionReviewed 2026-07-23Open cited source ↗
limitationsLouisiana express limits on matrimonial contractual freedomLa. Civ. Code art. 2330 · statute

Spouses may not alter the marital portion or established succession order and may not limit, as to third persons, specified powers that one spouse has under the legal regime over community obligations and property.

Scoped statutory propositions

  • Spouses may not alter the marital portion or established succession order and may not limit, as to third persons, specified powers that one spouse has under the legal regime over community obligations and property.
  • These are express limits in addition to article 2329's broader public-policy restriction and other mandatory law.

Questions for counsel

  • Does any clause cross article 2330's succession or third-person limits?
Louisiana State LegislatureReviewed 2026-07-23Open cited source ↗
propertyLouisiana registry effect toward third personsLa. Civ. Code art. 2332 · statute

A matrimonial agreement affects third persons as to immovables when filed in the conveyance records where the property is situated and as to movables when filed where the spouses are domiciled.

Scoped statutory propositions

  • A matrimonial agreement affects third persons as to immovables when filed in the conveyance records where the property is situated and as to movables when filed where the spouses are domiciled.
  • Inter-party validity and third-person effectiveness are distinct; recordation does not cure invalid formation.

Questions for counsel

  • Where and when was the agreement filed for registry, and which third-person dispute is involved?
Louisiana State LegislatureReviewed 2026-07-23Open cited source ↗
limitationsLouisiana mandatory public-interest boundaryLa. Civ. Code art. 7 · statute

Parties cannot derogate by juridical act from laws enacted to protect the public interest; a contrary act is absolutely null.

Scoped statutory propositions

  • Parties cannot derogate by juridical act from laws enacted to protect the public interest; a contrary act is absolutely null.
  • McAlpine applies this inquiry to support and requires identification of the particular law and protected interest rather than a generalized fairness objection.

Questions for counsel

  • Does the disputed term derogate from a law enacted for public protection?
Louisiana State LegislatureReviewed 2026-07-23Open cited source ↗
voluntarinessLouisiana contractual vices of consentLa. Civ. Code art. 1948 · statute

Consent to a contract may be vitiated by error, fraud, or duress, and those conventional-obligation grounds apply to matrimonial agreements alongside their special form rules.

Scoped statutory propositions

  • Consent to a contract may be vitiated by error, fraud, or duress, and those conventional-obligation grounds apply to matrimonial agreements alongside their special form rules.
  • Article 1948 is not a substitute for the special articles 2328 through 2332; form, public policy, and third-person effect remain separate inquiries.

Questions for counsel

  • What admissible facts establish or defeat error, fraud, or duress?
Louisiana State LegislatureReviewed 2026-07-23Open cited source ↗
voluntarinessLouisiana statutory duress standardLa. Civ. Code art. 1959 · statute

Duress vitiates consent when it causes reasonable fear of unjust and considerable injury to person, property, or reputation, considering the party's age, health, disposition, and other personal circumstances.

Scoped statutory propositions

  • Duress vitiates consent when it causes reasonable fear of unjust and considerable injury to person, property, or reputation, considering the party's age, health, disposition, and other personal circumstances.
  • The standard has subjective and objective components; ordinary relationship pressure should not be equated automatically with statutory duress.

Questions for counsel

  • What threatened injury and personal circumstances existed at signing?
Louisiana State LegislatureReviewed 2026-07-23Open cited source ↗
timingLouisiana lawful-act threat boundaryLa. Civ. Code art. 1962 · statute

A threat to do a lawful act or exercise a right generally is not duress, although an act lawful only in appearance may qualify.

Scoped statutory propositions

  • A threat to do a lawful act or exercise a right generally is not duress, although an act lawful only in appearance may qualify.
  • Burtner applied this rule to its credited record; it is not a categorical safe harbor for every last-minute presentation or collateral threat.

Questions for counsel

  • Was the alleged pressure only a lawful refusal to marry, or did additional wrongful conduct create cognizable duress?
Louisiana State LegislatureReviewed 2026-07-23Open cited source ↗
timingLouisiana fact-specific signing-timeline decisionBurtner v. Burtner, 2019-0175 (La. App. 1 Cir. Oct. 1, 2019) · case reporter

Burtner affirmed enforcement of an authentic-act agreement signed three days before the wedding on credibility findings that rejected fraud and duress; Louisiana has no fixed numerical waiting period.

Scoped statutory propositions

  • Burtner affirmed enforcement of an authentic-act agreement signed three days before the wedding on credibility findings that rejected fraud and duress; Louisiana has no fixed numerical waiting period.
  • Three days is not a safe harbor; the court applied articles 1948, 1959, and 1962 to the particular trial record.

Questions for counsel

  • What does the full delivery, negotiation, execution, and wedding chronology show?
Justia reproduction of Louisiana First Circuit opinionReviewed 2026-07-23Open cited source ↗
independent counselLouisiana independent-counsel boundaryBurtner v. Burtner, 2019-0175 (La. App. 1 Cir. Oct. 1, 2019) · case reporter

Burtner treated advice to seek independent counsel and the opportunity record as evidence bearing on consent, but Louisiana's matrimonial-agreement articles do not make separate counsel an execution formality.

Scoped statutory propositions

  • Burtner treated advice to seek independent counsel and the opportunity record as evidence bearing on consent, but Louisiana's matrimonial-agreement articles do not make separate counsel an execution formality.
  • The holding rested on credibility determinations and does not make a boilerplate counsel recital conclusive.

Questions for counsel

  • What conflict-free advice and meaningful opportunity to obtain it did each party actually have?
Justia reproduction of Louisiana First Circuit opinionReviewed 2026-07-23Open cited source ↗
spousal supportLouisiana Supreme Court permanent-support waiver decisionMcAlpine v. McAlpine, 94-C-1594 (La. Sept. 5, 1996), 679 So. 2d 85 · court opinion

McAlpine holds that a premarital waiver of permanent post-divorce support is not automatically void as against public policy and may be enforced subject to ordinary contract-rescission grounds.

Scoped statutory propositions

  • McAlpine holds that a premarital waiver of permanent post-divorce support is not automatically void as against public policy and may be enforced subject to ordinary contract-rescission grounds.
  • McAlpine addressed former permanent alimony and should not be extended automatically to every current interim, final, domestic-abuse, or child-support remedy.

Questions for counsel

  • What support right does the exact clause waive, and is the agreement otherwise valid?
Louisiana judiciary official opinionReviewed 2026-07-23Open cited source ↗
voluntarinessLouisiana Supreme Court contract-rescission frameworkMcAlpine v. McAlpine, 94-C-1594 (La. Sept. 5, 1996), 679 So. 2d 85 · court opinion

A support-waiving antenuptial agreement remains subject to the same rescission grounds as other contracts, and McAlpine upheld the agreement after rejecting undue duress on its record.

Scoped statutory propositions

  • A support-waiving antenuptial agreement remains subject to the same rescission grounds as other contracts, and McAlpine upheld the agreement after rejecting undue duress on its record.
  • The decision does not replace article 2331's strict form requirement or create a generalized unconscionability test copied from the UPAA.

Questions for counsel

  • Which conventional-obligation ground is asserted and what evidence supports it?
Louisiana judiciary official opinionReviewed 2026-07-23Open cited source ↗
financial disclosureLouisiana financial-disclosure evidence boundaryMcAlpine v. McAlpine, 679 So. 2d 85 (La. 1996); Crow v. Crow, 56,445-CA (La. App. 2 Cir. Nov. 19, 2025) · court opinion

Louisiana's matrimonial-agreement articles contain no UPAA-style disclosure safe harbor; asset schedules, representations, and actual knowledge remain important evidence for fraud, error, scope, and informed consent.

Scoped statutory propositions

  • Louisiana's matrimonial-agreement articles contain no UPAA-style disclosure safe harbor; asset schedules, representations, and actual knowledge remain important evidence for fraud, error, scope, and informed consent.
  • This record does not invent a categorical statutory full-disclosure element; current counsel must test the specific theory under Louisiana contract and matrimonial-regime law.

Questions for counsel

  • What was disclosed, represented, or actually known before signing, and how does any omission relate to a pleaded consent defect?
Louisiana judiciary official opinionReviewed 2026-07-23Open cited source ↗
amendment revocationLouisiana during-marriage regime-change requirementsLa. Civ. Code art. 2329 · statute

A during-marriage agreement that modifies or terminates a matrimonial regime generally requires a joint petition and court findings on best interests and understanding of the governing principles and rules.

Scoped statutory propositions

  • A during-marriage agreement that modifies or terminates a matrimonial regime generally requires a joint petition and court findings on best interests and understanding of the governing principles and rules.
  • The exception allowing spouses to adopt the legal regime without approval does not authorize every other amendment or termination.

Questions for counsel

  • Did the claimed amendment or revocation alter the regime during marriage, and where is the required petition and judgment?
Louisiana State LegislatureReviewed 2026-07-23Open cited source ↗
effective dateLouisiana new-domicile first-year exceptionLa. Civ. Code art. 2329 · statute

During the first year after moving to and acquiring a Louisiana domicile, spouses may enter a matrimonial agreement without court approval.

Scoped statutory propositions

  • During the first year after moving to and acquiring a Louisiana domicile, spouses may enter a matrimonial agreement without court approval.
  • This exception is not a general first-marriage-year exception and does not dispense with article 2331 form.

Questions for counsel

  • Did both spouses move to and acquire a Louisiana domicile, and was the agreement completed within the statutory first year?
Louisiana State LegislatureReviewed 2026-07-23Open cited source ↗
spousal supportLouisiana current spousal-support statutesLa. Civ. Code arts. 111–113 · statute

Current law separately authorizes interim and final periodic support and applies distinct needs, ability-to-pay, fault, duration, and domestic-abuse rules.

Scoped statutory propositions

  • Current law separately authorizes interim and final periodic support and applies distinct needs, ability-to-pay, fault, duration, and domestic-abuse rules.
  • A waiver drafted under older alimony terminology requires careful construction against the current articles and later authority.

Questions for counsel

  • Which present support remedy is claimed, and does McAlpine reach that exact remedy and clause?
Louisiana State LegislatureReviewed 2026-07-23Open cited source ↗
child supportLouisiana child-custody best-interest boundaryLa. Civ. Code art. 131 · statute

In divorce proceedings the court must award custody according to the child's best interest, so a premarital custody allocation cannot bind the future court.

Scoped statutory propositions

  • In divorce proceedings the court must award custody according to the child's best interest, so a premarital custody allocation cannot bind the future court.
  • Current articles 134 and related domestic-violence statutes supply additional mandatory factors not displaced by contract.

Questions for counsel

  • Does any term purport to bind a future custody decision rather than state a nonbinding preference?
Louisiana State LegislatureReviewed 2026-07-23Open cited source ↗
child supportLouisiana child-support guideline and judicial-review boundaryLa. R.S. 9:315.1 · statute

The child-support guidelines presumptively supply the proper amount; a deviation requires court review, statutory grounds, reasons, and attention to the child's best interest.

Scoped statutory propositions

  • The child-support guidelines presumptively supply the proper amount; a deviation requires court review, statutory grounds, reasons, and attention to the child's best interest.
  • A private agreement may be relevant, but it cannot displace the court's statutory calculation and best-interest duties.

Questions for counsel

  • Does any term attempt to waive, cap, or predetermine child support without current guideline review?
Louisiana State LegislatureReviewed 2026-07-23Open cited source ↗
propertyLouisiana current error and later-conduct applicationCrow v. Crow, 56,445-CA (La. App. 2 Cir. Nov. 19, 2025) · court opinion

Crow affirmed enforcement after finding insufficient proof of error and explained that joint tax filing or acquiring property during marriage did not automatically convert the agreed separate-property regime.

Scoped statutory propositions

  • Crow affirmed enforcement after finding insufficient proof of error and explained that joint tax filing or acquiring property during marriage did not automatically convert the agreed separate-property regime.
  • Crow is a record-specific intermediate-appellate decision; it does not make conduct irrelevant or dispense with article 2329 when a later agreement is proved.

Questions for counsel

  • What evidence proves the claimed signing-time error or a legally effective later regime change?
Louisiana judiciary official opinionReviewed 2026-07-23Open cited source ↗
effective dateLouisiana codal history and applicability boundaryActs 1979, No. 709, § 1; Acts 1980, No. 565, § 1; Acurio v. Acurio, 224 So. 3d 935 (La. 2017) · court opinion

Louisiana's current matrimonial-regime framework derives from the 1979 enactment, with article 2329 amended in 1980; Louisiana has no UPAA or UPMAA applicability schedule.

Scoped statutory propositions

  • Louisiana's current matrimonial-regime framework derives from the 1979 enactment, with article 2329 amended in 1980; Louisiana has no UPAA or UPMAA applicability schedule.
  • Counsel must retrieve historical text for older instruments rather than apply the current articles or Acurio retroactively without analysis.

Questions for counsel

  • When was the agreement executed and what Civil Code text and decisions then governed?
Louisiana judiciary official opinionReviewed 2026-07-23Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Louisiana guide →View machine-readable package →
ME

Maine

Version
me-2026-07-22.3
Checked
2026-07-22
Effective through
2026-07-22
Resources
14
Research tier
section verified
Source health
current

Maine Uniform Premarital Agreement Act, 19-A M.R.S. §§ 601–611, with exact sections, history, and the Dow and Hutchinson interpretations.

propertyformalitiespermitted subjectschild supporteffective dateamendment revocationvoluntarinessfinancial disclosurepublic assistancevoid marriagelimitations
MaintenanceNext package review due 2026-10-200 access checks · 2 later-authority searches
propertyMaine statutory definitions19-A M.R.S. § 602 (2025) · statute

Maine defines a premarital agreement as one between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.

Scoped statutory propositions

  • Maine defines a premarital agreement as one between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.
  • The official PDF was generated October 20, 2025 and states that its text is current through October 1, 2025.

Questions for counsel

  • Does the document fit the statutory definition, and which interests fall within its property terms?
Maine LegislatureReviewed 2026-07-22Open cited source ↗
formalitiesMaine writing and signature requirements19-A M.R.S. § 603 (2025) · statute

A Maine premarital agreement must be in writing and signed by both parties and is enforceable without consideration.

Scoped statutory propositions

  • A Maine premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
  • The official history traces section 603 to P.L. 1995, chapter 694, section B-2.

Questions for counsel

  • Is the complete agreement, including every incorporated schedule, written and signed by both parties?
Maine LegislatureReviewed 2026-07-22Open cited source ↗
permitted subjectsMaine permitted agreement subjects19-A M.R.S. § 604(1) (2025) · statute

Maine lists property rights and management, disposition, spousal support, estate planning, insurance, choice of law, and other lawful personal rights and obligations as permitted subjects.

Scoped statutory propositions

  • Maine lists property rights and management, disposition, spousal support, estate planning, insurance, choice of law, and other lawful personal rights and obligations as permitted subjects.
  • Other matters remain limited by public policy and statutes imposing criminal penalties.

Questions for counsel

  • Which provisions depend on a deed, will, trust, insurance designation, or other implementing document?
Maine LegislatureReviewed 2026-07-22Open cited source ↗
child supportMaine child-support limitation19-A M.R.S. § 604(2) (2025) · statute

A Maine premarital agreement may not adversely affect a child's right to support.

Scoped statutory propositions

  • A Maine premarital agreement may not adversely affect a child's right to support.
  • Child-related language requires separate review.

Questions for counsel

  • Does any provision purport to adversely affect a child's support right?
Maine LegislatureReviewed 2026-07-22Open cited source ↗
effective dateMaine effect of marriage19-A M.R.S. § 605 (2025) · statute

A Maine premarital agreement becomes effective upon marriage.

Scoped statutory propositions

  • A Maine premarital agreement becomes effective upon marriage.
  • The execution date and marriage date should remain distinct in the evidence timeline.

Questions for counsel

  • Did the contemplated marriage occur, and on what date did the agreement become effective?
Maine LegislatureReviewed 2026-07-22Open cited source ↗
effective dateMaine effect-of-children rule and applicability19-A M.R.S. § 606 (2025) · statute

For covered older agreements, Maine makes the agreement void 18 months after the parties become parents or guardians of a minor unless they timely sign a written amendment preserving or altering it; section 606 does not apply to agreements executed on or after October 1, 1993.

Scoped statutory propositions

  • For covered older agreements, Maine makes the agreement void 18 months after the parties become parents or guardians of a minor unless they timely sign a written amendment preserving or altering it; section 606 does not apply to agreements executed on or after October 1, 1993.
  • The official history identifies amendment by P.L. 2015, chapter 296, Part C, section 7, affirmed by Part D, section 1.

Questions for counsel

  • Was the agreement executed before October 1, 1993, and, if so, what event and amendment timeline does section 606 create?
Maine LegislatureReviewed 2026-07-22Open cited source ↗
amendment revocationMaine amendment and revocation formalities19-A M.R.S. § 607 (2025) · statute

After marriage, amendment or revocation requires a written agreement signed by both parties and is enforceable without consideration.

Scoped statutory propositions

  • After marriage, amendment or revocation requires a written agreement signed by both parties and is enforceable without consideration.
  • Every claimed change should be matched to the operative agreement.

Questions for counsel

  • Are all claimed amendments or revocations written and signed?
Maine LegislatureReviewed 2026-07-22Open cited source ↗
voluntarinessMaine voluntary-execution safeguard19-A M.R.S. § 608(1)(A) (2025) · statute

The party resisting enforcement in Maine may prove that the agreement was not executed voluntarily.

Scoped statutory propositions

  • The party resisting enforcement in Maine may prove that the agreement was not executed voluntarily.
  • Preserve draft history, negotiation timing, communications, counsel records, and signing circumstances.

Questions for counsel

  • What admissible evidence bears on voluntary execution?
Maine LegislatureReviewed 2026-07-22Open cited source ↗
financial disclosureMaine unconscionability and disclosure safeguard19-A M.R.S. § 608(1)(B), (3) (2025) · statute

Maine's execution-time unconscionability ground also examines fair and reasonable disclosure, express written waiver, and adequate knowledge of the other party's property or financial obligations.

Scoped statutory propositions

  • Maine's execution-time unconscionability ground also examines fair and reasonable disclosure, express written waiver, and adequate knowledge of the other party's property or financial obligations.
  • The court decides unconscionability as a matter of law.

Questions for counsel

  • What evidence addresses every part of section 608(1)(B)?
Maine LegislatureReviewed 2026-07-22Open cited source ↗
public assistanceMaine public-assistance support safeguard19-A M.R.S. § 608(2) (2025) · statute

A Maine court may require support to the extent necessary to avoid public-assistance eligibility caused by a premarital support modification or elimination.

Scoped statutory propositions

  • A Maine court may require support to the extent necessary to avoid public-assistance eligibility caused by a premarital support modification or elimination.
  • The safeguard operates at separation or marital dissolution.

Questions for counsel

  • Could the support provision cause public-assistance eligibility?
Maine LegislatureReviewed 2026-07-22Open cited source ↗
void marriageMaine void-marriage rule19-A M.R.S. § 609 (2025) · statute

If a marriage is void, an otherwise premarital agreement is enforceable only as necessary to avoid an inequitable result.

Scoped statutory propositions

  • If a marriage is void, an otherwise premarital agreement is enforceable only as necessary to avoid an inequitable result.
  • The section does not itself determine relief.

Questions for counsel

  • How could section 609 affect relief if marriage validity is disputed?
Maine LegislatureReviewed 2026-07-22Open cited source ↗
limitationsMaine limitations, uniformity, and enactment history19-A M.R.S. §§ 601, 610–611 (2025) · statute

Maine tolls an applicable limitations period during marriage, preserves laches and estoppel, and directs uniform construction.

Scoped statutory propositions

  • Maine tolls an applicable limitations period during marriage, preserves laches and estoppel, and directs uniform construction.
  • The chapter traces to P.L. 1995, chapter 694, section B-2, subject to the later section 606 amendment.

Questions for counsel

  • How do tolling, equitable defenses, Maine text, and later cases affect the claim?
Maine LegislatureReviewed 2026-07-22Open cited source ↗
propertyMaine Law Court clear-waiver interpretationDow v. Billing, 2020 ME 10 · court opinion

Dow applies whole-document interpretation and requires a clear and unmistakable waiver before a general provision surrenders important statutory marital-property rights.

Scoped statutory propositions

  • Dow applies whole-document interpretation and requires a clear and unmistakable waiver before a general provision surrenders important statutory marital-property rights.
  • The agreement did not reach a 401(k) created during marriage.

Questions for counsel

  • Does the agreement clearly cover the disputed after-acquired asset when read as a whole?
Maine Supreme Judicial CourtReviewed 2026-07-22Open cited source ↗
propertyMaine Law Court whole-document and remedy analysisHutchinson v. Gomez, 2026 ME 40 · court opinion

Hutchinson reads the agreement as a whole, enforced broad reciprocal business-asset waivers, and required further consideration of a remedy for a promised condominium purchase that did not occur.

Scoped statutory propositions

  • Hutchinson reads the agreement as a whole, enforced broad reciprocal business-asset waivers, and required further consideration of a remedy for a promised condominium purchase that did not occur.
  • The parties stipulated to validity, so the decision principally addresses scope, construction, jurisdiction, and relief.

Questions for counsel

  • Which promises and waivers govern the disputed asset, and what remedy remains available?
Maine Supreme Judicial CourtReviewed 2026-07-22Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Maine guide →View machine-readable package →
MD

Maryland

Version
md-2026-07-23.3
Checked
2026-07-23
Effective through
2026-07-23
Resources
24
Research tier
section verified
Source health
current

Maryland's common-law antenuptial-agreement framework under Cannon, Hartz, Frey, and Stewart, together with current Family Law provisions on property, alimony, children, and support and the Estates and Trusts survivor-waiver rule.

permitted subjectsfinancial disclosureformalitiespropertylimitationsvoluntarinessindependent counseltimingspousal supportchild supporteffective dateamendment revocation
MaintenanceNext package review due 2026-10-210 access checks · 17 later-authority searches
permitted subjectsMaryland agreement statutory contextMd. Code, Fam. Law § 8-101 · statute

Spouses may make valid and enforceable deeds, agreements, and settlements concerning alimony, support, property rights, or personal rights.

Scoped statutory propositions

  • Spouses may make valid and enforceable deeds, agreements, and settlements concerning alimony, support, property rights, or personal rights.
  • Section 8-101 is not a comprehensive premarital-agreement act and does not displace Cannon's common-law validity analysis.

Questions for counsel

  • Which section 8-101 subject and remedy does each disputed clause address?
Maryland General AssemblyReviewed 2026-07-23Open cited source ↗
financial disclosureMaryland controlling premarital-agreement decisionCannon v. Cannon, 384 Md. 537, 865 A.2d 563 (2005) · court opinion

Cannon restates Maryland's antenuptial-agreement framework, including the confidential relationship, enforcement burden, overreaching, disclosure or knowledge, voluntariness, counsel opportunity, and execution-time fairness.

Scoped statutory propositions

  • Cannon restates Maryland's antenuptial-agreement framework, including the confidential relationship, enforcement burden, overreaching, disclosure or knowledge, voluntariness, counsel opportunity, and execution-time fairness.
  • Cannon upheld the agreement on its record despite no independent counsel; that result is not a categorical safe harbor.

Questions for counsel

  • What evidence satisfies each part of Cannon's validity framework?
Maryland Judiciary official appellate opinionReviewed 2026-07-23Open cited source ↗
formalitiesMaryland general formality boundaryCannon v. Cannon, 384 Md. 537, 865 A.2d 563 (2005) · court opinion

Maryland has no comprehensive UPAA-style execution statute; Cannon reviewed a signed and notarized written agreement but did not create a universal statutory witness, notary, or waiting-period safe harbor.

Scoped statutory propositions

  • Maryland has no comprehensive UPAA-style execution statute; Cannon reviewed a signed and notarized written agreement but did not create a universal statutory witness, notary, or waiting-period safe harbor.
  • Do not infer from Cannon's facts that notarization alone proves validity or that every agreement requires the same ceremony.

Questions for counsel

  • What writing and signatures prove mutual assent, and do property, probate, or transaction-specific formalities add requirements?
Maryland Judiciary official appellate opinionReviewed 2026-07-23Open cited source ↗
propertyMaryland objective contract interpretationCannon v. Cannon, 384 Md. 537, 865 A.2d 563 (2005); Herget v. Herget, 319 Md. 466, 573 A.2d 798 (1990) · court opinion

Antenuptial agreements are contracts interpreted under Maryland's objective law of contract interpretation, with attention to the executed language, consideration, and objective intent.

Scoped statutory propositions

  • Antenuptial agreements are contracts interpreted under Maryland's objective law of contract interpretation, with attention to the executed language, consideration, and objective intent.
  • Validity and interpretation are distinct; a valid agreement still must be construed provision by provision.

Questions for counsel

  • What does the complete agreement objectively cover at the disputed event?
Maryland Judiciary official appellate opinionReviewed 2026-07-23Open cited source ↗
limitationsMaryland premarital confidential relationshipCannon v. Cannon, 384 Md. 537, 865 A.2d 563 (2005) · court opinion

When marriage is the consideration for an antenuptial agreement, a confidential relationship exists between the parties as a matter of law at formation.

Scoped statutory propositions

  • When marriage is the consideration for an antenuptial agreement, a confidential relationship exists between the parties as a matter of law at formation.
  • Cannon's rule concerns the formation of an antenuptial agreement; it should not be generalized to every transaction between people who later marry.

Questions for counsel

  • What circumstances show whether the bargain abused the legally recognized confidential relationship?
Maryland Judiciary official appellate opinionReviewed 2026-07-23Open cited source ↗
voluntarinessMaryland enforcing-party burdenCannon v. Cannon, 384 Md. 537, 865 A.2d 563 (2005) · court opinion

Because of the confidential relationship, the party seeking enforcement bears the ultimate burden of proving the agreement's validity and absence of overreaching.

Scoped statutory propositions

  • Because of the confidential relationship, the party seeking enforcement bears the ultimate burden of proving the agreement's validity and absence of overreaching.
  • Specific generic contract defenses may carry their ordinary production burdens, but Cannon places the ultimate validity burden as stated.

Questions for counsel

  • What admissible evidence lets the enforcing party carry Cannon's ultimate burden?
Maryland Judiciary official appellate opinionReviewed 2026-07-23Open cited source ↗
voluntarinessMaryland overreaching testCannon v. Cannon, 384 Md. 537, 865 A.2d 563 (2005); Hartz v. Hartz, 248 Md. 47, 234 A.2d 865 (1967) · court opinion

The central inquiry is whether unfairness or inequity existed in the result or procurement within the confidential relationship, including substantive commensurateness and free, understanding assent.

Scoped statutory propositions

  • The central inquiry is whether unfairness or inequity existed in the result or procurement within the confidential relationship, including substantive commensurateness and free, understanding assent.
  • The inquiry is execution-focused and should not be replaced by a generic UPAA unconscionability checklist.

Questions for counsel

  • Was there overreaching in either the result or the process at execution?
Maryland Judiciary official appellate opinionReviewed 2026-07-23Open cited source ↗
financial disclosureMaryland full and frank disclosure routeCannon v. Cannon, 384 Md. 537, 865 A.2d 563 (2005) · court opinion

Full, frank, and truthful disclosure of property and financial interests can establish that the waiving party knew what rights were being relinquished and defeat an overreaching claim.

Scoped statutory propositions

  • Full, frank, and truthful disclosure of property and financial interests can establish that the waiving party knew what rights were being relinquished and defeat an overreaching claim.
  • A conclusory recital is evidence but not a substitute for the underlying financial record.

Questions for counsel

  • Was disclosure full, frank, truthful, and timely enough to inform the actual waiver?
Maryland Judiciary official appellate opinionReviewed 2026-07-23Open cited source ↗
financial disclosureMaryland actual-knowledge alternativeCannon v. Cannon, 384 Md. 537, 865 A.2d 563 (2005) · court opinion

Actual knowledge of the other party's property and finances may substitute for full disclosure when sufficient to understand what is being waived.

Scoped statutory propositions

  • Actual knowledge of the other party's property and finances may substitute for full disclosure when sufficient to understand what is being waived.
  • General familiarity should not be overstated; the evidence must connect knowledge to the property and rights relinquished.

Questions for counsel

  • What did the resisting party actually know, from what source, and before which waiver?
Maryland Judiciary official appellate opinionReviewed 2026-07-23Open cited source ↗
voluntarinessMaryland fraud, duress, and related defensesCannon v. Cannon, 384 Md. 537, 865 A.2d 563 (2005) · court opinion

Like other contracts, antenuptial agreements may be attacked for fraud, duress, coercion, mistake, undue influence, incompetence, or execution-time unconscionability.

Scoped statutory propositions

  • Like other contracts, antenuptial agreements may be attacked for fraud, duress, coercion, mistake, undue influence, incompetence, or execution-time unconscionability.
  • Cannon distinguishes ordinary contract defenses from the separate confidential-relationship and overreaching analysis.

Questions for counsel

  • Which recognized defense is pleaded, and what signing-time evidence supports it?
Maryland Judiciary official appellate opinionReviewed 2026-07-23Open cited source ↗
independent counselMaryland independent-advice factorCannon v. Cannon, 384 Md. 537, 865 A.2d 563 (2005) · court opinion

Opportunity to obtain independent counsel is an important factor in whether the agreement was voluntarily and understandingly made, but counsel is not a categorical execution formality.

Scoped statutory propositions

  • Opportunity to obtain independent counsel is an important factor in whether the agreement was voluntarily and understandingly made, but counsel is not a categorical execution formality.
  • Cannon's enforcement without counsel rested on adequate knowledge and voluntariness; a boilerplate waiver does not conclusively establish those facts.

Questions for counsel

  • What conflict-free advice and meaningful opportunity to obtain it did each party actually have?
Maryland Judiciary official appellate opinionReviewed 2026-07-23Open cited source ↗
timingMaryland timing and review opportunityCannon v. Cannon, 384 Md. 537, 865 A.2d 563 (2005) · court opinion

Maryland has no fixed premarital waiting period; Cannon evaluated delivery, discussion, opportunity for advice, and voluntariness on the complete chronology.

Scoped statutory propositions

  • Maryland has no fixed premarital waiting period; Cannon evaluated delivery, discussion, opportunity for advice, and voluntariness on the complete chronology.
  • Cannon's approximately seventeen-day interval is not a statutory safe harbor or minimum.

Questions for counsel

  • What does the full drafting, delivery, negotiation, advice, and wedding chronology show?
Maryland Judiciary official appellate opinionReviewed 2026-07-23Open cited source ↗
spousal supportMaryland unfair-disproportion analysisCannon v. Cannon, 384 Md. 537, 865 A.2d 563 (2005) · court opinion

If allowance and waiver terms are unfairly disproportionate at execution, the enforcing party must prove that overreaching did not occur using factors including disclosure, counsel opportunity, and knowing voluntary relinquishment.

Scoped statutory propositions

  • If allowance and waiver terms are unfairly disproportionate at execution, the enforcing party must prove that overreaching did not occur using factors including disclosure, counsel opportunity, and knowing voluntary relinquishment.
  • Later hardship may matter under other doctrines or statutes, but Cannon's disproportionality inquiry is anchored at execution.

Questions for counsel

  • Were the benefits commensurate with the rights waived when the agreement was made?
Maryland Judiciary official appellate opinionReviewed 2026-07-23Open cited source ↗
spousal supportMaryland premarital unconscionability boundaryStewart v. Stewart, 214 Md. App. 458, 76 A.3d 1221 (2013) · court opinion

Stewart describes unconscionability as requiring extreme unfairness reflected in lack of meaningful choice and terms unreasonably favoring the other party, while preserving Cannon's specific overreaching framework.

Scoped statutory propositions

  • Stewart describes unconscionability as requiring extreme unfairness reflected in lack of meaningful choice and terms unreasonably favoring the other party, while preserving Cannon's specific overreaching framework.
  • Stewart upheld the agreement on its facts and should not be used to collapse Cannon's disclosure and overreaching inquiries.

Questions for counsel

  • Does the execution-time record satisfy both the procedural and substantive components asserted?
Maryland Judiciary official appellate opinionReviewed 2026-07-23Open cited source ↗
financial disclosureMaryland disclosure and understanding applicationStewart v. Stewart, 214 Md. App. 458, 76 A.3d 1221 (2013) · court opinion

Stewart upheld an agreement where the spouse knew the principal assets and their potential value, read and understood the agreement, retained significant rights, and was not threatened or misled.

Scoped statutory propositions

  • Stewart upheld an agreement where the spouse knew the principal assets and their potential value, read and understood the agreement, retained significant rights, and was not threatened or misled.
  • The holding is fact-specific and does not authorize strategic omission or treat partial knowledge as sufficient in every case.

Questions for counsel

  • How closely does the actual disclosure, knowledge, retained-rights, and pressure record match or differ from Stewart?
Maryland Judiciary official appellate opinionReviewed 2026-07-23Open cited source ↗
propertyMaryland property excluded by valid agreementMd. Code, Fam. Law § 8-201(c)–(e) · statute

Current definitions exclude property from family-home, family-use, or marital-property treatment when a valid agreement applies, subject to the exact subsection and asset.

Scoped statutory propositions

  • Current definitions exclude property from family-home, family-use, or marital-property treatment when a valid agreement applies, subject to the exact subsection and asset.
  • The phrase valid agreement incorporates rather than replaces Cannon's antecedent validity inquiry.

Questions for counsel

  • What asset does the exact valid agreement exclude, and how is it traced and titled?
Maryland General AssemblyReviewed 2026-07-23Open cited source ↗
spousal supportMaryland alimony waiver and nonmodification rulesMd. Code, Fam. Law § 8-103(b)–(c) · statute

For agreements within the statute's date ranges, courts may modify spousal-support provisions unless the instrument contains the specified nonmodification language or an express waiver.

Scoped statutory propositions

  • For agreements within the statute's date ranges, courts may modify spousal-support provisions unless the instrument contains the specified nonmodification language or an express waiver.
  • Section 8-103 addresses modification power after a valid agreement exists; it does not independently prove the premarital agreement valid under Cannon.

Questions for counsel

  • Does the clause expressly waive alimony or specifically bar modification, and which statutory date rule applies?
Maryland General AssemblyReviewed 2026-07-23Open cited source ↗
child supportMaryland child-term best-interest boundaryMd. Code, Fam. Law § 8-103(a) · statute

A court may modify any agreement term concerning a minor child's care, custody, education, or support when modification serves the child's best interests.

Scoped statutory propositions

  • A court may modify any agreement term concerning a minor child's care, custody, education, or support when modification serves the child's best interests.
  • The statute makes child terms judicially reviewable even if the agreement is otherwise enforceable.

Questions for counsel

  • Does any term attempt to prevent the court from modifying child-related provisions in the child's best interests?
Maryland General AssemblyReviewed 2026-07-23Open cited source ↗
child supportMaryland child-support guideline boundaryMd. Code, Fam. Law § 12-202 · statute

Courts must use Maryland's child-support guidelines, with a rebuttable presumption and specific findings for a deviation that address the child's best interests.

Scoped statutory propositions

  • Courts must use Maryland's child-support guidelines, with a rebuttable presumption and specific findings for a deviation that address the child's best interests.
  • Existing agreement terms may be considered, but cannot make a prospective support waiver self-executing.

Questions for counsel

  • Does any support term survive current guideline calculation and the required judicial findings?
Maryland General AssemblyReviewed 2026-07-23Open cited source ↗
propertyMaryland surviving-spouse election waiverMd. Code, Est. & Trusts § 3-205 · statute

A surviving spouse's election rights may be waived before or after marriage by a written contract, agreement, or waiver signed by the waiving party, with statutory consequences for broad all-rights language.

Scoped statutory propositions

  • A surviving spouse's election rights may be waived before or after marriage by a written contract, agreement, or waiver signed by the waiving party, with statutory consequences for broad all-rights language.
  • Death-triggered waiver analysis is distinct from divorce enforcement and turns on current probate law and precise language.

Questions for counsel

  • Does the survivor waiver satisfy section 3-205 and reach the specific benefit claimed?
Maryland General AssemblyReviewed 2026-07-23Open cited source ↗
effective dateMaryland duration and termination constructionCannon v. Cannon, 384 Md. 537, 865 A.2d 563 (2005) · court opinion

Absent explicit language to the contrary, an antenuptial agreement ordinarily continues until its conditions are discharged at death or divorce; an unstated temporary purpose does not rewrite the executed duration.

Scoped statutory propositions

  • Absent explicit language to the contrary, an antenuptial agreement ordinarily continues until its conditions are discharged at death or divorce; an unstated temporary purpose does not rewrite the executed duration.
  • Cannon rejected reliance on an alleged oral temporary purpose on its record; fraud, mistake, amendment, or other properly proved doctrines remain separate.

Questions for counsel

  • Does the signed agreement contain an express sunset or termination condition?
Maryland Judiciary official appellate opinionReviewed 2026-07-23Open cited source ↗
amendment revocationMaryland later-change classification boundaryCannon v. Cannon, 384 Md. 537, 865 A.2d 563 (2005); Md. Code, Fam. Law § 8-101 · court opinion

Maryland has no UPAA-style general amendment-and-revocation section; a claimed later change must be proved under the agreement's text, objective contract law, and any remedy- or transaction-specific statute.

Scoped statutory propositions

  • Maryland has no UPAA-style general amendment-and-revocation section; a claimed later change must be proved under the agreement's text, objective contract law, and any remedy- or transaction-specific statute.
  • Do not assume that marriage conduct, an oral understanding, or a later separation agreement automatically amends every premarital term.

Questions for counsel

  • What act or instrument allegedly changed the prenup, and which formal and substantive rules govern it?
Maryland Judiciary official appellate opinionReviewed 2026-07-23Open cited source ↗
limitationsMaryland divorce-related premarital-agreement historyFrey v. Frey, 298 Md. 552, 471 A.2d 705 (1984) · court opinion

Frey removed Maryland's former public-policy distinction against antenuptial agreements contemplating divorce and applied the Hartz validity factors to such agreements.

Scoped statutory propositions

  • Frey removed Maryland's former public-policy distinction against antenuptial agreements contemplating divorce and applied the Hartz validity factors to such agreements.
  • Cannon is the controlling modern restatement; counsel must retrieve the actual historical authorities for older agreements.

Questions for counsel

  • Was the agreement executed before or after Frey, and what law governed at execution?
Maryland Judiciary official appellate opinionReviewed 2026-07-23Open cited source ↗
effective dateMaryland common-law and statutory date boundariesMd. Code, Fam. Law § 8-103; Cannon v. Cannon, 384 Md. 537 (2005) · statute

Maryland has no enacted UPAA or UPMAA applicability schedule; section 8-103 separately uses January 1 and April 13, 1976 date boundaries for support modification, while Cannon supplies the modern common-law framework.

Scoped statutory propositions

  • Maryland has no enacted UPAA or UPMAA applicability schedule; section 8-103 separately uses January 1 and April 13, 1976 date boundaries for support modification, while Cannon supplies the modern common-law framework.
  • The support dates are not a general effective date for all Maryland premarital agreements.

Questions for counsel

  • When was the agreement and each later support instrument executed, and which historical rules apply?
Maryland General AssemblyReviewed 2026-07-23Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Maryland guide →View machine-readable package →
MA

Massachusetts

Version
ma-2026-07-23.3
Checked
2026-07-23
Effective through
2026-07-23
Resources
24
Research tier
section verified
Source health
current with manual checks

Massachusetts common-law two-stage review under Rosenberg and DeMatteo, exact property and child statutes, probate treatment, and historical applicability boundaries.

formalitiespropertypermitted subjectsvoluntarinessfinancial disclosurelimitationsindependent counseltimingeffective datespousal supportamendment revocationchild support
MaintenanceNext package review due 2026-10-2124 access checks · 17 later-authority searches
formalitiesMassachusetts premarital property-contract authorizationMass. Gen. Laws ch. 209, § 25 · official guidance

Before marriage, parties may make a written contract concerning property or rights of action held when marriage occurs; its limitations take effect upon marriage as if in a deed.

Scoped statutory propositions

  • Before marriage, parties may make a written contract concerning property or rights of action held when marriage occurs; its limitations take effect upon marriage as if in a deed.
  • Section 25 is not a comprehensive divorce-prenup validity code.

Questions for counsel

  • Is the complete property arrangement written, and which interests does it identify?
Massachusetts General CourtReviewed 2026-07-23Open cited source ↗
propertyMassachusetts property schedule and recording ruleMass. Gen. Laws ch. 209, § 26 · official guidance

A clearly descriptive property schedule must be annexed, and the contract and schedule recorded before marriage or within ninety days afterward in the specified registry and where affected land lies.

Scoped statutory propositions

  • A clearly descriptive property schedule must be annexed, and the contract and schedule recorded before marriage or within ninety days afterward in the specified registry and where affected land lies.
  • Nonrecording has the statute's stated third-party consequences; section 26 is not a universal divorce-enforcement rule.

Questions for counsel

  • Does section 26 govern, and was the complete instrument timely recorded in every required registry?
Massachusetts General CourtReviewed 2026-07-23Open cited source ↗
permitted subjectsMassachusetts recognition of divorce-related premarital settlementsOsborne v. Osborne, 384 Mass. 591, 428 N.E.2d 810 (1981) · case reporter

Massachusetts recognizes premarital settlement of divorce-related property and spousal-support consequences, subject to validity, conscionability, and nonwaivable limits.

Scoped statutory propositions

  • Massachusetts recognizes premarital settlement of divorce-related property and spousal-support consequences, subject to validity, conscionability, and nonwaivable limits.
  • DeMatteo discusses Osborne and supplies the modern framework; not every personal term is enforceable.

Questions for counsel

  • Which property or support consequence does each clause address?
Justia reproduction of published Massachusetts appellate opinionReviewed 2026-07-23Open cited source ↗
voluntarinessMassachusetts controlling two-stage frameworkDeMatteo v. DeMatteo, 436 Mass. 18, 762 N.E.2d 797 (2002) · case reporter

DeMatteo requires a first look at execution-time fairness and reasonableness and a second look at enforcement-time conscionability.

Scoped statutory propositions

  • DeMatteo requires a first look at execution-time fairness and reasonableness and a second look at enforcement-time conscionability.
  • Neither stage can be replaced by a generic fairness label.

Questions for counsel

  • What evidence satisfies each distinct stage of DeMatteo review?
Justia reproduction of published Massachusetts appellate opinionReviewed 2026-07-23Open cited source ↗
financial disclosureMassachusetts disclosure and knowledge requirementRosenberg v. Lipnick, 377 Mass. 666, 389 N.E.2d 385 (1979) · case reporter

The waiving party must be informed of the other's worth or have adequate knowledge, and disclosure must permit a reasonable decision whether to proceed.

Scoped statutory propositions

  • The waiving party must be informed of the other's worth or have adequate knowledge, and disclosure must permit a reasonable decision whether to proceed.
  • Exact valuations are not invariably required, but material omissions or misleading information remain consequential.

Questions for counsel

  • What was disclosed or actually known before the specific waiver?
Justia reproduction of published Massachusetts appellate opinionReviewed 2026-07-23Open cited source ↗
limitationsMassachusetts premarital confidential relationshipRosenberg v. Lipnick, 377 Mass. 666, 389 N.E.2d 385 (1979) · case reporter

Prospective spouses stand in a confidential relationship and must deal fairly and understandingly when making a premarital agreement.

Scoped statutory propositions

  • Prospective spouses stand in a confidential relationship and must deal fairly and understandingly when making a premarital agreement.
  • The relationship informs agreement validity; it does not decide every later transaction.

Questions for counsel

  • Did either party exploit trust, superior knowledge, or control of drafting and disclosure?
Justia reproduction of published Massachusetts appellate opinionReviewed 2026-07-23Open cited source ↗
voluntarinessMassachusetts execution-time fairness reviewDeMatteo v. DeMatteo, 436 Mass. 18, 762 N.E.2d 797 (2002) · case reporter

The first look considers knowledge, disclosure, waiver language, counsel, review opportunity, understanding, and absence of overreaching.

Scoped statutory propositions

  • The first look considers knowledge, disclosure, waiver language, counsel, review opportunity, understanding, and absence of overreaching.
  • One-sidedness alone is insufficient, but stripping substantially all marital interests presents a serious issue.

Questions for counsel

  • Was the agreement fair and reasonable under the complete execution circumstances?
Justia reproduction of published Massachusetts appellate opinionReviewed 2026-07-23Open cited source ↗
independent counselMassachusetts independent-counsel factorDeMatteo v. DeMatteo, 436 Mass. 18, 762 N.E.2d 797 (2002) · case reporter

Separate counsel and meaningful review opportunity strongly inform knowing and voluntary execution but are not categorical execution formalities.

Scoped statutory propositions

  • Separate counsel and meaningful review opportunity strongly inform knowing and voluntary execution but are not categorical execution formalities.
  • Counsel participation does not automatically cure deficient disclosure, misunderstanding, or pressure.

Questions for counsel

  • What conflict-free representation or meaningful opportunity for it did each party receive?
Justia reproduction of published Massachusetts appellate opinionReviewed 2026-07-23Open cited source ↗
timingMassachusetts review-time inquiryDeMatteo v. DeMatteo, 436 Mass. 18 (2002); Austin v. Austin, 445 Mass. 601 (2005) · case reporter

Massachusetts has no fixed waiting period; courts assess delivery, drafts, negotiation, counsel work, wedding pressure, and understanding on the full chronology.

Scoped statutory propositions

  • Massachusetts has no fixed waiting period; courts assess delivery, drafts, negotiation, counsel work, wedding pressure, and understanding on the full chronology.
  • Austin's two-day and DeMatteo's roughly two-week intervals were fact-specific, not safe harbors.

Questions for counsel

  • What does the complete drafting-to-wedding timeline show?
Justia reproduction of published Massachusetts appellate opinionReviewed 2026-07-23Open cited source ↗
limitationsMassachusetts express-waiver requirementRosenberg v. Lipnick, 377 Mass. 666 (1979); DeMatteo v. DeMatteo, 436 Mass. 18 (2002) · case reporter

The agreement must set forth the rights relinquished so the waiver can be evaluated as knowing, fair, and understanding.

Scoped statutory propositions

  • The agreement must set forth the rights relinquished so the waiver can be evaluated as knowing, fair, and understanding.
  • A broad recital cannot substitute for construing the actual waiver and asserted right.

Questions for counsel

  • Which exact default-law right does each operative clause waive?
Justia reproduction of published Massachusetts appellate opinionReviewed 2026-07-23Open cited source ↗
effective dateMassachusetts enforcement-time conscionability reviewDeMatteo v. DeMatteo, 436 Mass. 18, 762 N.E.2d 797 (2002) · case reporter

Changed circumstances may make enforcement unconscionable if they leave a spouse without sufficient property, maintenance, or employment capacity for self-support.

Scoped statutory propositions

  • Changed circumstances may make enforcement unconscionable if they leave a spouse without sufficient property, maintenance, or employment capacity for self-support.
  • The second look is a conscionability safeguard, not ordinary discretionary division under section 34.

Questions for counsel

  • What changed during marriage, and what resources remain after enforcement?
Justia reproduction of published Massachusetts appellate opinionReviewed 2026-07-23Open cited source ↗
limitationsMassachusetts public-charge and child-interest limitsDeMatteo v. DeMatteo, 436 Mass. 18, 762 N.E.2d 797 (2002) · case reporter

Potential public-charge consequences and conflict with a child's best interests exemplify limits private premarital terms cannot conclusively control.

Scoped statutory propositions

  • Potential public-charge consequences and conflict with a child's best interests exemplify limits private premarital terms cannot conclusively control.
  • These examples require current facts and law; they do not automatically invalidate the entire agreement.

Questions for counsel

  • Would enforcement create public dependency or conflict with a child-focused determination?
Justia reproduction of published Massachusetts appellate opinionReviewed 2026-07-23Open cited source ↗
spousal supportMassachusetts current second-look applicationRudnick v. Rudnick, 102 Mass. App. Ct. 467, 285 N.E.3d 857 (2023) · case reporter

Rudnick found enforcement unconscionable where breached title promises and the agreement left an elderly spouse without marital property, alimony, or sufficient resources.

Scoped statutory propositions

  • Rudnick found enforcement unconscionable where breached title promises and the agreement left an elderly spouse without marital property, alimony, or sufficient resources.
  • Rudnick is fact-specific and creates no categorical age or duration rule.

Questions for counsel

  • Did later conduct defeat an expected benefit or leave a spouse unable to self-support?
Justia reproduction of published Massachusetts appellate opinionReviewed 2026-07-23Open cited source ↗
spousal supportMassachusetts support-waiver applicationAustin v. Austin, 445 Mass. 601, 839 N.E.2d 837 (2005) · case reporter

Austin enforced a negotiated waiver after finding execution validity and enforcement-time conscionability because meaningful assets and resources remained.

Scoped statutory propositions

  • Austin enforced a negotiated waiver after finding execution validity and enforcement-time conscionability because meaningful assets and resources remained.
  • Austin supplies no universal formula for an enforceable support waiver.

Questions for counsel

  • What resources would the resisting spouse retain under the agreement?
Justia reproduction of published Massachusetts appellate opinionReviewed 2026-07-23Open cited source ↗
propertyMassachusetts contract interpretation of premarital termsDeMatteo v. DeMatteo, 436 Mass. 18, 762 N.E.2d 797 (2002) · case reporter

An enforceable agreement remains a contract whose language, definitions, schedules, triggers, and integrated obligations must be construed.

Scoped statutory propositions

  • An enforceable agreement remains a contract whose language, definitions, schedules, triggers, and integrated obligations must be construed.
  • Validity and interpretation are separate; a valid agreement may not reach the asserted asset or remedy.

Questions for counsel

  • What does the complete instrument cover when read as a whole?
Justia reproduction of published Massachusetts appellate opinionReviewed 2026-07-23Open cited source ↗
amendment revocationMassachusetts later-change classification boundaryDeMatteo v. DeMatteo, 436 Mass. 18 (2002); Mass. Gen. Laws ch. 209, §§ 25–26 · case reporter

Massachusetts has no UPAA-style general amendment section; a claimed change must satisfy the agreement, contract doctrine, and transaction-specific writing, deed, probate, or recording rules.

Scoped statutory propositions

  • Massachusetts has no UPAA-style general amendment section; a claimed change must satisfy the agreement, contract doctrine, and transaction-specific writing, deed, probate, or recording rules.
  • Do not infer a universal amendment method from section 25 or marital conduct.

Questions for counsel

  • What act or instrument allegedly changed or superseded the agreement?
Justia reproduction of published Massachusetts appellate opinionReviewed 2026-07-23Open cited source ↗
effective dateMassachusetts statutory effect at marriageMass. Gen. Laws ch. 209, § 25 · official guidance

For a qualifying written property contract, limitations upon property rights take effect when marriage occurs as if contained in a deed.

Scoped statutory propositions

  • For a qualifying written property contract, limitations upon property rights take effect when marriage occurs as if contained in a deed.
  • This is specific to section 25, not a uniform-act applicability schedule.

Questions for counsel

  • Did the contemplated marriage occur, and which property limitations became effective?
Massachusetts General CourtReviewed 2026-07-23Open cited source ↗
child supportMassachusetts custody and best-interest boundaryMass. Gen. Laws ch. 208, § 28 · official guidance

Courts retain authority over custody, care, maintenance, and education of minor children under child-focused standards and continuing modification power.

Scoped statutory propositions

  • Courts retain authority over custody, care, maintenance, and education of minor children under child-focused standards and continuing modification power.
  • Private terms may supply context but cannot displace the court's statutory responsibility.

Questions for counsel

  • Does any term attempt to bind a future child-focused determination?
Massachusetts General CourtReviewed 2026-07-23Open cited source ↗
child supportMassachusetts child-support guideline boundaryMass. Gen. Laws ch. 208, § 28 · official guidance

Child-support orders follow current law and the guideline presumption, subject to lawful deviation findings rather than a prospective private waiver.

Scoped statutory propositions

  • Child-support orders follow current law and the guideline presumption, subject to lawful deviation findings rather than a prospective private waiver.
  • An agreement cannot freeze a future child's support entitlement.

Questions for counsel

  • Would the term satisfy the current guideline calculation and required findings?
Massachusetts General CourtReviewed 2026-07-23Open cited source ↗
child supportMassachusetts postjudgment child-support agreement limitMass. Gen. Laws ch. 119A, § 13 · official guidance

A postjudgment child-support agreement cannot bar modification without statutory findings, including guideline consistency and the child's best interests.

Scoped statutory propositions

  • A postjudgment child-support agreement cannot bar modification without statutory findings, including guideline consistency and the child's best interests.
  • Section 13 concerns postjudgment agreements, not general prenup execution.

Questions for counsel

  • Does a later child-support agreement satisfy every section 13 finding?
Massachusetts General CourtReviewed 2026-07-23Open cited source ↗
limitationsMassachusetts nonwaivable litigation-fee authorityDeMatteo v. DeMatteo, 436 Mass. 18 (2002); Mass. Gen. Laws ch. 208, §§ 17, 38 · case reporter

A premarital agreement cannot eliminate statutory authority to award funds or expenses needed to litigate validity and the domestic-relations proceeding.

Scoped statutory propositions

  • A premarital agreement cannot eliminate statutory authority to award funds or expenses needed to litigate validity and the domestic-relations proceeding.
  • The amount and basis remain discretionary; fees are not guaranteed in every case.

Questions for counsel

  • Does a fee term attempt to prevent meaningful validity litigation or override court authority?
Justia reproduction of published Massachusetts appellate opinionReviewed 2026-07-23Open cited source ↗
propertyMassachusetts premarital probate-waiver applicationMatter of the Estate of Stacy, 96 Mass. App. Ct. 447, 136 N.E.3d 486 (2019) · case reporter

Stacy enforced plain premarital language waiving claims to identified separate property at death and excluded it from the surviving spouse's intestate-share calculation.

Scoped statutory propositions

  • Stacy enforced plain premarital language waiving claims to identified separate property at death and excluded it from the surviving spouse's intestate-share calculation.
  • Probate construction is distinct from divorce enforcement and requires current-law review.

Questions for counsel

  • Does the death-triggered language clearly reach the property and benefit claimed?
Justia reproduction of published Massachusetts appellate opinionReviewed 2026-07-23Open cited source ↗
effective dateMassachusetts Rosenberg prospective-rule boundaryRosenberg v. Lipnick, 377 Mass. 666, 389 N.E.2d 385 (1979) · case reporter

Rosenberg made its revised rules prospective for instruments executed after publication, requiring historical-law analysis for earlier agreements.

Scoped statutory propositions

  • Rosenberg made its revised rules prospective for instruments executed after publication, requiring historical-law analysis for earlier agreements.
  • Counsel must retrieve the actual historical authorities for older instruments.

Questions for counsel

  • Was the agreement executed before or after Rosenberg's prospective line?
Justia reproduction of published Massachusetts appellate opinionReviewed 2026-07-23Open cited source ↗
effective dateMassachusetts statutory and common-law applicability mapMass. Gen. Laws ch. 209, §§ 25–26; DeMatteo v. DeMatteo, 436 Mass. 18 (2002) · official guidance

Massachusetts has no enacted UPAA or UPMAA schedule; execution date, marriage date, Rosenberg's line, amendments, and remedy determine governing law.

Scoped statutory propositions

  • Massachusetts has no enacted UPAA or UPMAA schedule; execution date, marriage date, Rosenberg's line, amendments, and remedy determine governing law.
  • Reserved code sections and proposed bills are not current premarital-agreement law.

Questions for counsel

  • Which law governed each instrument when executed?
Massachusetts General CourtReviewed 2026-07-23Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Massachusetts guide →View machine-readable package →
MI

Michigan

Version
mi-2026-07-23.3
Checked
2026-07-23
Effective through
2026-07-23
Resources
24
Research tier
section verified
Source health
current with manual checks

Michigan common-law review under Reed and Benker, exact writing and probate statutes, Allard's judicial-power limits, child-law boundaries, and historical applicability including the unenacted uniform-act bill.

permitted subjectsformalitieseffective datevoluntarinesslimitationsfinancial disclosureindependent counseltimingpropertyspousal supportchild supportamendment revocation
MaintenanceNext package review due 2026-10-2111 access checks · 15 later-authority searches
permitted subjectsMichigan continuation of premarital property contractsMCL 557.28 · official guidance

A contract relating to property made between persons in contemplation of marriage remains in full force after marriage.

Scoped statutory propositions

  • A contract relating to property made between persons in contemplation of marriage remains in full force after marriage.
  • Section 557.28 does not supply the complete validity, disclosure, support, or child-law framework.

Questions for counsel

  • Does the agreement relate to property and fit section 557.28?
Michigan LegislatureReviewed 2026-07-23Open cited source ↗
formalitiesMichigan marriage-consideration statute of fraudsMCL 566.132(1)(c) · official guidance

An agreement upon consideration of marriage, except mutual promises to marry, is void unless written and signed by the party against whom enforcement is sought.

Scoped statutory propositions

  • An agreement upon consideration of marriage, except mutual promises to marry, is void unless written and signed by the party against whom enforcement is sought.
  • The statute imposes no general witness, notary, or fixed waiting-period formality; transaction-specific law may add requirements.

Questions for counsel

  • Is the complete instrument written and signed by every party against whom enforcement may be sought?
Michigan LegislatureReviewed 2026-07-23Open cited source ↗
effective dateMichigan statutory continuation upon marriageMCL 557.28 · official guidance

A qualifying property contract made in contemplation of marriage remains effective after the contemplated marriage occurs.

Scoped statutory propositions

  • A qualifying property contract made in contemplation of marriage remains effective after the contemplated marriage occurs.
  • The statute creates no comprehensive uniform-act applicability rule.

Questions for counsel

  • Did the contemplated marriage occur, and which provisions does section 557.28 continue?
Michigan LegislatureReviewed 2026-07-23Open cited source ↗
voluntarinessMichigan controlling Reed enforcement frameworkReed v. Reed, 265 Mich. App. 131, 693 N.W.2d 825 (2005) · court opinion

Reed permits avoidance for fraud, duress, mistake, misrepresentation, or material nondisclosure; execution-time unconscionability; or unforeseeable later changes making enforcement unfair.

Scoped statutory propositions

  • Reed permits avoidance for fraud, duress, mistake, misrepresentation, or material nondisclosure; execution-time unconscionability; or unforeseeable later changes making enforcement unfair.
  • The three branches require separate analysis under later controlling law, not a generic fairness test.

Questions for counsel

  • What evidence addresses each distinct Reed ground?
Published Michigan appellate authorityReviewed 2026-07-23Open cited source ↗
limitationsMichigan challenger burden under ReedReed v. Reed, 265 Mich. App. 131, 693 N.W.2d 825 (2005) · court opinion

Reed places proof and persuasion burdens on the challenger, subject to Benker's fact-specific disclosure presumption and other applicable doctrine.

Scoped statutory propositions

  • Reed places proof and persuasion burdens on the challenger, subject to Benker's fact-specific disclosure presumption and other applicable doctrine.
  • The general burden rule does not erase Benker or ordinary proof rules for specific defenses.

Questions for counsel

  • Who challenges enforcement, and does a recognized presumption affect proof?
Published Michigan appellate authorityReviewed 2026-07-23Open cited source ↗
voluntarinessMichigan fraud, duress, and mistake branchReed v. Reed, 265 Mich. App. 131, 693 N.W.2d 825 (2005) · court opinion

Reed's first branch asks whether fraud, duress, mistake, misrepresentation, or nondisclosure of material fact affected execution.

Scoped statutory propositions

  • Reed's first branch asks whether fraud, duress, mistake, misrepresentation, or nondisclosure of material fact affected execution.
  • Wedding proximity alone does not decide duress; pressure, alternatives, disclosure, and understanding all matter.

Questions for counsel

  • Which execution defense is asserted, and what contemporaneous evidence supports it?
Published Michigan appellate authorityReviewed 2026-07-23Open cited source ↗
limitationsMichigan execution-time unconscionability branchReed v. Reed, 265 Mich. App. 131, 693 N.W.2d 825 (2005) · court opinion

Reed separately allows avoidance when the agreement was unconscionable when executed, focusing on the bargain and formation record then.

Scoped statutory propositions

  • Reed separately allows avoidance when the agreement was unconscionable when executed, focusing on the bargain and formation record then.
  • Later hardship belongs to the changed-circumstances branch and should remain analytically distinct.

Questions for counsel

  • Was the agreement unconscionable when signed under current Michigan doctrine?
Published Michigan appellate authorityReviewed 2026-07-23Open cited source ↗
effective dateMichigan unforeseeable-change safeguardReed v. Reed, 265 Mich. App. 131, 693 N.W.2d 825 (2005) · court opinion

Later facts may make enforcement unfair and unreasonable, but Reed requires circumstances unforeseeable and not contemplated when the agreement was made.

Scoped statutory propositions

  • Later facts may make enforcement unfair and unreasonable, but Reed requires circumstances unforeseeable and not contemplated when the agreement was made.
  • Marriage duration and asset growth were insufficient in Reed's record, not universally immaterial.

Questions for counsel

  • Which later event was genuinely unforeseeable and how does it make enforcement unfair?
Published Michigan appellate authorityReviewed 2026-07-23Open cited source ↗
financial disclosureMichigan materiality requirement for nondisclosureReed v. Reed, 265 Mich. App. 131, 693 N.W.2d 825 (2005) · court opinion

A Reed nondisclosure challenge must concern a material fact; schedules, actual knowledge, negotiations, and the omission's effect matter.

Scoped statutory propositions

  • A Reed nondisclosure challenge must concern a material fact; schedules, actual knowledge, negotiations, and the omission's effect matter.
  • Materiality does not authorize strategic omission or inaccurate schedules.

Questions for counsel

  • What was omitted, why was it material, and what did the other party know?
Published Michigan appellate authorityReviewed 2026-07-23Open cited source ↗
financial disclosureMichigan confidential-relationship disclosure dutyIn re Benker Estate, 416 Mich. 681, 331 N.W.2d 193 (1982) · court opinion

Benker requires a survivor-rights waiver to be fair, equitable, reasonable, voluntary, and understanding after fair disclosure within the parties' confidential relationship.

Scoped statutory propositions

  • Benker requires a survivor-rights waiver to be fair, equitable, reasonable, voluntary, and understanding after fair disclosure within the parties' confidential relationship.
  • Benker concerned estate rights; divorce enforcement also requires Reed and later domestic-relations authority.

Questions for counsel

  • What disclosure enabled an understanding waiver of death-related rights?
Published Michigan appellate authorityReviewed 2026-07-23Open cited source ↗
financial disclosureMichigan fact-specific nondisclosure presumptionIn re Benker Estate, 416 Mich. 681, 331 N.W.2d 193 (1982) · court opinion

Benker applied a rebuttable nondisclosure presumption on cumulative facts including complete waiver, wealth disparity, secretive finances, no disclosure recital, no separate counsel, and drafting-process defects.

Scoped statutory propositions

  • Benker applied a rebuttable nondisclosure presumption on cumulative facts including complete waiver, wealth disparity, secretive finances, no disclosure recital, no separate counsel, and drafting-process defects.
  • Disproportion alone does not trigger the presumption; its combined facts and later law control.

Questions for counsel

  • Do the cumulative Benker circumstances support its presumption here?
Published Michigan appellate authorityReviewed 2026-07-23Open cited source ↗
independent counselMichigan independent-counsel factorReed v. Reed, 265 Mich. App. 131 (2005); In re Benker Estate, 416 Mich. 681 (1982) · court opinion

Separate representation, advice opportunity, negotiation, and conflicts materially affect voluntariness and fairness, but counsel is not a categorical formality.

Scoped statutory propositions

  • Separate representation, advice opportunity, negotiation, and conflicts materially affect voluntariness and fairness, but counsel is not a categorical formality.
  • A boilerplate counsel waiver is not conclusive and cannot cure coercion or nondisclosure.

Questions for counsel

  • What meaningful opportunity for conflict-free representation did each party receive?
Published Michigan appellate authorityReviewed 2026-07-23Open cited source ↗
timingMichigan signing-timeline inquiryReed v. Reed, 265 Mich. App. 131 (2005); Allard v. Allard, 318 Mich. App. 583 (2017) · court opinion

Michigan has no fixed waiting period; delivery, negotiation, counsel access, alternatives, wedding plans, and actual pressure determine timing's significance.

Scoped statutory propositions

  • Michigan has no fixed waiting period; delivery, negotiation, counsel access, alternatives, wedding plans, and actual pressure determine timing's significance.
  • Allard's two-day record is not a statutory safe harbor or minimum.

Questions for counsel

  • What does the complete negotiation and signing chronology show?
Published Michigan appellate authorityReviewed 2026-07-23Open cited source ↗
propertyMichigan contract interpretation under ReedReed v. Reed, 265 Mich. App. 131, 693 N.W.2d 825 (2005) · court opinion

Courts construe an enforceable antenuptial agreement as a contract, applying plain language, definitions, schedules, and triggers.

Scoped statutory propositions

  • Courts construe an enforceable antenuptial agreement as a contract, applying plain language, definitions, schedules, and triggers.
  • Validity and construction are distinct; an enforceable agreement may not cover the asserted asset or remedy.

Questions for counsel

  • What does the complete agreement plainly cover at the disputed event?
Published Michigan appellate authorityReviewed 2026-07-23Open cited source ↗
limitationsMichigan nonwaivable judicial-authority boundaryAllard v. Allard, 318 Mich. App. 583, 899 N.W.2d 420 (2017) · court opinion

Allard holds parties cannot use an antenuptial agreement to deprive a divorce court of equitable discretion under MCL 552.23(1) and MCL 552.401.

Scoped statutory propositions

  • Allard holds parties cannot use an antenuptial agreement to deprive a divorce court of equitable discretion under MCL 552.23(1) and MCL 552.401.
  • Allard does not invalidate every property or support term; it preserves court powers when those sections apply.

Questions for counsel

  • Does the term attempt to eliminate statutory authority the court retains?
Published Michigan appellate authorityReviewed 2026-07-23Open cited source ↗
spousal supportMichigan support and estate-award authorityMCL 552.23(1) · official guidance

If estates and effects are insufficient for suitable support, a divorce court may award part of the other estate and spousal support as just and reasonable.

Scoped statutory propositions

  • If estates and effects are insufficient for suitable support, a divorce court may award part of the other estate and spousal support as just and reasonable.
  • The statute preserves authority rather than guaranteeing an award.

Questions for counsel

  • Do the facts invoke section 552.23(1), and how does Allard affect the waiver?
Michigan LegislatureReviewed 2026-07-23Open cited source ↗
propertyMichigan contribution-based property authorityMCL 552.401 · official guidance

A court may award a share of property acquired by the other spouse when contribution to its acquisition, improvement, or accumulation is proved.

Scoped statutory propositions

  • A court may award a share of property acquired by the other spouse when contribution to its acquisition, improvement, or accumulation is proved.
  • Whether contribution is proved and what relief is just remain adjudicative questions.

Questions for counsel

  • What contribution evidence invokes section 552.401 despite the agreement?
Michigan LegislatureReviewed 2026-07-23Open cited source ↗
propertyMichigan surviving-spouse rights waiverMCL 700.2205 · official guidance

Before or after marriage, survivor rights may be waived by a written contract, agreement, or waiver signed by the waiving party after fair disclosure.

Scoped statutory propositions

  • Before or after marriage, survivor rights may be waived by a written contract, agreement, or waiver signed by the waiving party after fair disclosure.
  • Probate enforcement is distinct from divorce enforcement and requires current estate-law review.

Questions for counsel

  • Does the death-triggered waiver satisfy section 2205 and reach the claimed benefit?
Michigan LegislatureReviewed 2026-07-23Open cited source ↗
child supportMichigan child-support formula boundaryMCL 552.605 · official guidance

Courts apply the child-support formula and may deviate only with required findings; the parties' agreement does not eliminate those requirements.

Scoped statutory propositions

  • Courts apply the child-support formula and may deviate only with required findings; the parties' agreement does not eliminate those requirements.
  • A prospective private waiver cannot prevent later child-support review.

Questions for counsel

  • Would the term survive the current formula and every required deviation finding?
Michigan LegislatureReviewed 2026-07-23Open cited source ↗
child supportMichigan child-custody best-interest boundaryMCL 722.23 · official guidance

Michigan's statutory best-interest factors govern child-custody determinations and cannot be conclusively fixed in a premarital agreement.

Scoped statutory propositions

  • Michigan's statutory best-interest factors govern child-custody determinations and cannot be conclusively fixed in a premarital agreement.
  • Private preferences may be evidence but cannot bind the court contrary to the child's interests.

Questions for counsel

  • Does any term attempt to predetermine custody without current best-interest analysis?
Michigan LegislatureReviewed 2026-07-23Open cited source ↗
amendment revocationMichigan premarital amendment boundaryReed v. Reed, 265 Mich. App. 131 (2005); MCL 566.132 · court opinion

Michigan has no enacted UPAA-style amendment section; a claimed change must satisfy the agreement, writing rules, contract doctrine, and postnuptial or transaction-specific law.

Scoped statutory propositions

  • Michigan has no enacted UPAA-style amendment section; a claimed change must satisfy the agreement, writing rules, contract doctrine, and postnuptial or transaction-specific law.
  • Do not assume marital conduct or an oral understanding automatically amends the written agreement.

Questions for counsel

  • What instrument or conduct allegedly changed the agreement?
Published Michigan appellate authorityReviewed 2026-07-23Open cited source ↗
amendment revocationMichigan postnuptial classification boundarySkaates v. Kayser, 333 Mich. App. 61, 963 N.W.2d 31 (2020) · court opinion

Skaates explains that a postnuptial agreement is not invalid per se when it promotes marriage rather than encouraging divorce and evaluates separate counsel and negotiation.

Scoped statutory propositions

  • Skaates explains that a postnuptial agreement is not invalid per se when it promotes marriage rather than encouraging divorce and evaluates separate counsel and negotiation.
  • Skaates does not automatically validate every postmarital prenup modification.

Questions for counsel

  • Is the later instrument a postnuptial agreement, amendment, or another transaction under its own rules?
Published Michigan appellate authorityReviewed 2026-07-23Open cited source ↗
effective dateMichigan divorce-related agreement historyRinvelt v. Rinvelt, 190 Mich. App. 372, 475 N.W.2d 478 (1991) · court opinion

Rinvelt recognized divorce-related antenuptial agreements; Reed held an older agreement was not void merely because it predated Rinvelt.

Scoped statutory propositions

  • Rinvelt recognized divorce-related antenuptial agreements; Reed held an older agreement was not void merely because it predated Rinvelt.
  • This record cites Reed's treatment; counsel must retrieve actual historical authorities for older instruments.

Questions for counsel

  • Was the agreement executed before Rinvelt, and what law governed then?
Published Michigan appellate authorityReviewed 2026-07-23Open cited source ↗
effective dateMichigan current-law and pending-bill boundaryMCL 557.28; 2025 Mich. S.B. 160 · official guidance

Michigan has no enacted UPAA or UPMAA schedule; Senate Bill 160 passed the Senate in 2025 but remains proposed, so current statutes and cases govern.

Scoped statutory propositions

  • Michigan has no enacted UPAA or UPMAA schedule; Senate Bill 160 passed the Senate in 2025 but remains proposed, so current statutes and cases govern.
  • A chamber-passed bill is not enacted law and must never be presented as controlling unless status changes.

Questions for counsel

  • When was the agreement executed, and which then-governing authorities apply?
Michigan LegislatureReviewed 2026-07-23Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Michigan guide →View machine-readable package →
MN

Minnesota

Version
mn-2026-07-23.3
Checked
2026-07-23
Effective through
2026-07-23
Resources
24
Research tier
section verified
Source health
current with manual checks

Minnesota's rewritten antenuptial and postnuptial statute effective August 1, 2024, with exact execution, disclosure, counsel, timing, fairness, amendment, child, probate, and historical-law boundaries.

formalitiespermitted subjectsvoluntarinessfinancial disclosureindependent counselacknowledgmenttiminglimitationsspousal supporteffective dateamendment revocationchild supportproperty
MaintenanceNext package review due 2026-10-212 access checks · 2 later-authority searches
formalitiesMinnesota current execution formalitiesMinn. Stat. § 519.11, subd. 1b(b)(3) · official guidance

A covered antenuptial agreement must be written, executed before two witnesses, and acknowledged by both parties before a person authorized to administer an oath.

Scoped statutory propositions

  • A covered antenuptial agreement must be written, executed before two witnesses, and acknowledged by both parties before a person authorized to administer an oath.
  • This current rule applies under subdivision 6 only to agreements executed on or after August 1, 2024.

Questions for counsel

  • Does the original prove writing, two-witness execution, and both acknowledgments?
Minnesota Revisor of StatutesReviewed 2026-07-23Open cited source ↗
permitted subjectsMinnesota permitted subjectsMinn. Stat. § 519.11, subd. 1(b) · official guidance

A conforming agreement may address marital and nonmarital property at dissolution or separation, spousal maintenance, and specified estate rights.

Scoped statutory propositions

  • A conforming agreement may address marital and nonmarital property at dissolution or separation, spousal maintenance, and specified estate rights.
  • The list does not authorize prospective waiver of child support, custody duties, or other mandatory law.

Questions for counsel

  • Which enumerated subject and trigger does each provision address?
Minnesota Revisor of StatutesReviewed 2026-07-23Open cited source ↗
voluntarinessMinnesota current procedural-fairness testMinn. Stat. § 519.11, subd. 1b · official guidance

Current procedural fairness requires full disclosure, meaningful counsel opportunity, exact formalities, voluntary execution free of duress, and execution at least seven days before marriage.

Scoped statutory propositions

  • Current procedural fairness requires full disclosure, meaningful counsel opportunity, exact formalities, voluntary execution free of duress, and execution at least seven days before marriage.
  • No single recital substitutes for proof of all current statutory elements.

Questions for counsel

  • What evidence satisfies every conjunctive subdivision 1b requirement?
Minnesota Revisor of StatutesReviewed 2026-07-23Open cited source ↗
financial disclosureMinnesota nonwaivable full disclosureMinn. Stat. § 519.11, subd. 1b(a)–(b)(1) · official guidance

Each party must provide reasonably accurate material income facts, good-faith property-value estimates, and the basis for those disclosures; this requirement cannot be waived.

Scoped statutory propositions

  • Each party must provide reasonably accurate material income facts, good-faith property-value estimates, and the basis for those disclosures; this requirement cannot be waived.
  • Actual knowledge or a boilerplate waiver does not replace the current nonwaivable disclosure requirement.

Questions for counsel

  • Are all material income and property disclosures reasonably accurate and supported?
Minnesota Revisor of StatutesReviewed 2026-07-23Open cited source ↗
independent counselMinnesota meaningful independent-counsel opportunityMinn. Stat. § 519.11, subd. 1b(b)(2) · official guidance

Each party must have a meaningful opportunity to consult independent counsel of that party's choosing.

Scoped statutory propositions

  • Each party must have a meaningful opportunity to consult independent counsel of that party's choosing.
  • The statute requires opportunity for antenuptial agreements; actual separate representation becomes mandatory for postnuptial agreements.

Questions for counsel

  • What time, access, conflict screening, and draft history made the counsel opportunity meaningful?
Minnesota Revisor of StatutesReviewed 2026-07-23Open cited source ↗
acknowledgmentMinnesota witness and acknowledgment proofMinn. Stat. § 519.11, subds. 1(d), 1b(b)(3) · official guidance

Duly acknowledged and attested agreements provide prima facie proof of acknowledged matters, while current execution independently requires two witnesses and acknowledgment.

Scoped statutory propositions

  • Duly acknowledged and attested agreements provide prima facie proof of acknowledged matters, while current execution independently requires two witnesses and acknowledgment.
  • Prima facie effect does not conclusively prove disclosure, voluntariness, counsel opportunity, or substantive fairness.

Questions for counsel

  • Are witness and acknowledgment records authentic and complete?
Minnesota Revisor of StatutesReviewed 2026-07-23Open cited source ↗
timingMinnesota seven-day execution ruleMinn. Stat. § 519.11, subd. 1b(b)(5) · official guidance

A covered antenuptial agreement must be entered into and executed no less than seven days before marriage.

Scoped statutory propositions

  • A covered antenuptial agreement must be entered into and executed no less than seven days before marriage.
  • The exact statutory interval controls current agreements; older instruments require their own historical law.

Questions for counsel

  • Were both entry and execution completed at least seven days before solemnization?
Minnesota Revisor of StatutesReviewed 2026-07-23Open cited source ↗
limitationsMinnesota seven-day burden allocationMinn. Stat. § 519.11, subd. 1b(c) · official guidance

Execution at least seven days before marriage creates a presumption of enforceability and puts the burden on the challenger; a shorter interval removes the presumption and puts the burden on the proponent.

Scoped statutory propositions

  • Execution at least seven days before marriage creates a presumption of enforceability and puts the burden on the challenger; a shorter interval removes the presumption and puts the burden on the proponent.
  • A favorable burden does not eliminate any substantive or procedural requirement.

Questions for counsel

  • Which side bears the burden under the proved execution and marriage dates?
Minnesota Revisor of StatutesReviewed 2026-07-23Open cited source ↗
voluntarinessMinnesota voluntary execution free of duressMinn. Stat. § 519.11, subd. 1b(b)(4) · official guidance

Current law expressly requires that the agreement be entered into voluntarily and free of duress.

Scoped statutory propositions

  • Current law expressly requires that the agreement be entered into voluntarily and free of duress.
  • Formal compliance and counsel access do not conclusively negate duress.

Questions for counsel

  • What communications, alternatives, and circumstances prove or undermine free assent?
Minnesota Revisor of StatutesReviewed 2026-07-23Open cited source ↗
formalitiesMinnesota personal-execution boundaryMinn. Stat. § 519.11, subd. 1b(d) · official guidance

A power of attorney does not satisfy the current writing, witness, and acknowledgment execution requirement.

Scoped statutory propositions

  • A power of attorney does not satisfy the current writing, witness, and acknowledgment execution requirement.
  • Other capacity or electronic-execution questions still require current counsel review.

Questions for counsel

  • Did either party purport to execute through an agent?
Minnesota Revisor of StatutesReviewed 2026-07-23Open cited source ↗
limitationsMinnesota substantive-unconscionability testMinn. Stat. § 519.11, subd. 1c(a) · official guidance

Courts consider whether all or part is so substantively unfair as to be unconscionable by its terms or because of qualifying changed circumstances.

Scoped statutory propositions

  • Courts consider whether all or part is so substantively unfair as to be unconscionable by its terms or because of qualifying changed circumstances.
  • The inquiry may be provision-specific and should not be reduced to economic disparity alone.

Questions for counsel

  • Which term is challenged, and why is it substantively unconscionable under subdivision 1c?
Minnesota Revisor of StatutesReviewed 2026-07-23Open cited source ↗
spousal supportMinnesota unforeseen-change safeguardMinn. Stat. § 519.11, subd. 1c(a) · official guidance

Drastically changed circumstances not originally foreseen may make enforcement inconsistent with the parties' reasonable expectations at execution.

Scoped statutory propositions

  • Drastically changed circumstances not originally foreseen may make enforcement inconsistent with the parties' reasonable expectations at execution.
  • An ordinary unfavorable result does not automatically satisfy this statutory standard.

Questions for counsel

  • What drastic unforeseen event changed the agreement's expected operation?
Minnesota Revisor of StatutesReviewed 2026-07-23Open cited source ↗
spousal supportMinnesota default-award deviation boundaryMinn. Stat. § 519.11, subd. 1c(b) · official guidance

An agreement need not approximate statutory property division or maintenance, and deviation from default standards alone does not establish unconscionability.

Scoped statutory propositions

  • An agreement need not approximate statutory property division or maintenance, and deviation from default standards alone does not establish unconscionability.
  • The provision remains subject to all other statutory and mandatory-law limits.

Questions for counsel

  • Beyond deviation from default law, what facts support substantive unfairness?
Minnesota Revisor of StatutesReviewed 2026-07-23Open cited source ↗
limitationsMinnesota express-severability ruleMinn. Stat. § 519.11, subd. 1(e) · official guidance

If the agreement unambiguously permits severability, a court may sever an unenforceable provision and enforce the remainder.

Scoped statutory propositions

  • If the agreement unambiguously permits severability, a court may sever an unenforceable provision and enforce the remainder.
  • Severability is permissive and does not validate an agreement lacking required formation safeguards.

Questions for counsel

  • Does the instrument unambiguously authorize severance, and which terms remain coherent?
Minnesota Revisor of StatutesReviewed 2026-07-23Open cited source ↗
effective dateMinnesota marriage consideration and operative boundaryMinn. Stat. § 519.11, subd. 1(a), (c) · official guidance

The agreement is made before solemnization, and marriage itself supplies adequate consideration for a conforming agreement.

Scoped statutory propositions

  • The agreement is made before solemnization, and marriage itself supplies adequate consideration for a conforming agreement.
  • The statute does not turn an unsolemnized premarital instrument into an operative marital agreement.

Questions for counsel

  • Was the agreement completed before the contemplated marriage, and did that marriage occur?
Minnesota Revisor of StatutesReviewed 2026-07-23Open cited source ↗
amendment revocationMinnesota amendment and revocation routeMinn. Stat. § 519.11, subd. 2a · official guidance

After marriage, an antenuptial agreement may be amended or revoked only by a valid postnuptial agreement complying with section 519.11 and other Minnesota law.

Scoped statutory propositions

  • After marriage, an antenuptial agreement may be amended or revoked only by a valid postnuptial agreement complying with section 519.11 and other Minnesota law.
  • Oral change or marital conduct does not satisfy subdivision 2a's exclusive route.

Questions for counsel

  • Does the later instrument satisfy every postnuptial requirement?
Minnesota Revisor of StatutesReviewed 2026-07-23Open cited source ↗
independent counselMinnesota mandatory separate counsel for postnuptial agreementsMinn. Stat. § 519.11, subd. 1d(a)–(c) · official guidance

A postnuptial agreement must satisfy applicable antenuptial safeguards, except the seven-day marriage rule, and each spouse must actually have separate counsel at execution.

Scoped statutory propositions

  • A postnuptial agreement must satisfy applicable antenuptial safeguards, except the seven-day marriage rule, and each spouse must actually have separate counsel at execution.
  • An opportunity to consult is insufficient for a postnuptial instrument.

Questions for counsel

  • Was each spouse represented by separate conflict-free counsel when the later agreement was executed?
Minnesota Revisor of StatutesReviewed 2026-07-23Open cited source ↗
limitationsMinnesota two-year postnuptial presumptionMinn. Stat. § 519.11, subd. 1d(d) · official guidance

A postnuptial agreement is presumed unenforceable if either spouse begins separation or dissolution within two years, unless the proponent proves it fair and equitable.

Scoped statutory propositions

  • A postnuptial agreement is presumed unenforceable if either spouse begins separation or dissolution within two years, unless the proponent proves it fair and equitable.
  • This presumption applies to postnuptial agreements, not the seven-day antenuptial burden rule.

Questions for counsel

  • Did a covered action begin within two years, and can the proponent rebut the presumption?
Minnesota Revisor of StatutesReviewed 2026-07-23Open cited source ↗
child supportMinnesota child best-interest boundaryMinn. Stat. § 518.17, subd. 1 · official guidance

Custody and parenting time require current best-interest findings on all relevant statutory factors.

Scoped statutory propositions

  • Custody and parenting time require current best-interest findings on all relevant statutory factors.
  • Section 519.11's subject list does not authorize binding advance custody terms.

Questions for counsel

  • Does any term attempt to predetermine custody without current statutory findings?
Minnesota Revisor of StatutesReviewed 2026-07-23Open cited source ↗
child supportMinnesota child-support guideline boundaryMinn. Stat. § 518A.35 · official guidance

The child-support guideline is a rebuttable presumption in proceedings establishing or modifying support, subject to approved agreements and lawful deviation rules.

Scoped statutory propositions

  • The child-support guideline is a rebuttable presumption in proceedings establishing or modifying support, subject to approved agreements and lawful deviation rules.
  • A premarital term cannot make future support self-executing or prevent modification.

Questions for counsel

  • Would the proposed term satisfy the current guideline and any required deviation findings?
Minnesota Revisor of StatutesReviewed 2026-07-23Open cited source ↗
propertyMinnesota premarital probate-waiver cross-referenceMinn. Stat. § 524.2-213 · official guidance

A premarital waiver of survivor election and related probate rights must comply with section 519.11; postmarital waivers have the separate writing, signature, and fair-disclosure rule in section 524.2-213.

Scoped statutory propositions

  • A premarital waiver of survivor election and related probate rights must comply with section 519.11; postmarital waivers have the separate writing, signature, and fair-disclosure rule in section 524.2-213.
  • Broad all-rights language has the specific effect stated in current section 524.2-213.

Questions for counsel

  • Was the waiver before or after marriage, and which statutory route applies?
Minnesota Revisor of StatutesReviewed 2026-07-23Open cited source ↗
effective dateMinnesota 2024 applicability lineMinn. Stat. § 519.11, subd. 6; 2024 Minn. Laws ch. 101, art. 3, § 1 · official guidance

The rewritten section applies to antenuptial and postnuptial agreements executed on or after August 1, 2024; earlier instruments require the prior statute and common law.

Scoped statutory propositions

  • The rewritten section applies to antenuptial and postnuptial agreements executed on or after August 1, 2024; earlier instruments require the prior statute and common law.
  • Do not retroactively impose the new seven-day, witness, or burden rules on an older agreement.

Questions for counsel

  • Was the instrument executed before or after August 1, 2024?
Minnesota Revisor of StatutesReviewed 2026-07-23Open cited source ↗
effective dateMinnesota pre-2024 marital-property frameworkKremer v. Kremer, 912 N.W.2d 617 (Minn. 2018) · case reporter

Under former section 519.11, statutory safe-harbor treatment was limited and common-law Kinney factors governed marital-property provisions; Kremer found inadequate consideration and duress on its record.

Scoped statutory propositions

  • Under former section 519.11, statutory safe-harbor treatment was limited and common-law Kinney factors governed marital-property provisions; Kremer found inadequate consideration and duress on its record.
  • Kremer interprets superseded text and must not displace the rewritten statute for current agreements.

Questions for counsel

  • Which former statutory and common-law test governs each older provision?
Justia reproduction of published Minnesota Supreme Court opinionReviewed 2026-07-23Open cited source ↗
effective dateMinnesota older common-law fairness factorsIn re Estate of Kinney, 733 N.W.2d 118 (Minn. 2007) · case reporter

Kinney applied common-law equitable-and-fair execution factors to a 1969 agreement, including fraud, undue influence, duress, consideration, knowledge, rights, and counsel opportunity.

Scoped statutory propositions

  • Kinney applied common-law equitable-and-fair execution factors to a 1969 agreement, including fraud, undue influence, duress, consideration, knowledge, rights, and counsel opportunity.
  • Kinney is historical authority; current agreements are governed by the express post-August 2024 statute.

Questions for counsel

  • Does the agreement date require Kinney-era historical analysis?
Justia reproduction of published Minnesota Supreme Court opinionReviewed 2026-07-23Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Minnesota guide →View machine-readable package →
MS

Mississippi

Version
ms-2026-07-23.3
Checked
2026-07-23
Effective through
2026-07-23
Resources
24
Research tier
section verified
Source health
current with manual checks

Mississippi common-law premarital-agreement rules under Sanderson, Mabus, and related appellate decisions, the marriage statute of frauds, property and support applications, child-law limits, and recent Tauzin construction guidance.

limitationsformalitiesvoluntarinesspermitted subjectsfinancial disclosureindependent counseltimingeffective datespousal supportpropertychild supportamendment revocation
MaintenanceNext package review due 2026-10-2124 access checks · 22 later-authority searches
limitationsMississippi domestic-relations statutory contextMiss. Code tit. 93 · official guidance

Title 93 supplies mandatory divorce, property, alimony, custody, and child-support powers that operate alongside any premarital agreement.

Scoped statutory propositions

  • Title 93 supplies mandatory divorce, property, alimony, custody, and child-support powers that operate alongside any premarital agreement.
  • The Legislature portal is the official entry point; current section text and amendments require licensed-counsel confirmation.

Questions for counsel

  • Which current Title 93 provision governs each requested remedy?
Mississippi LegislatureReviewed 2026-07-23Open cited source ↗
formalitiesMississippi marriage-consideration writing ruleMiss. Code § 15-3-1(b) · official guidance

An agreement made upon consideration of marriage, except mutual promises to marry, must be evidenced by a writing signed by the party to be charged.

Scoped statutory propositions

  • An agreement made upon consideration of marriage, except mutual promises to marry, must be evidenced by a writing signed by the party to be charged.
  • The current official code and transaction-specific deed, probate, and federal-benefit formalities must also be checked.

Questions for counsel

  • Is the complete agreement or sufficient memorandum written and signed by each party against whom enforcement is sought?
Justia reproduction of Mississippi CodeReviewed 2026-07-23Open cited source ↗
voluntarinessMississippi controlling fairness frameworkSanderson v. Sanderson, 170 So. 3d 430 (Miss. 2014), modified on rehearing (2015) · case reporter

Sanderson treats premarital agreements as contracts with heightened execution fairness, voluntary assent, disclosure, and both procedural and substantive unconscionability review.

Scoped statutory propositions

  • Sanderson treats premarital agreements as contracts with heightened execution fairness, voluntary assent, disclosure, and both procedural and substantive unconscionability review.
  • Use the modified 2015 opinion rather than relying solely on the superseded initial text.

Questions for counsel

  • What evidence addresses every Sanderson validity inquiry?
Justia reproduction of published Mississippi appellate opinionReviewed 2026-07-23Open cited source ↗
permitted subjectsMississippi contract enforceabilityMabus v. Mabus, 890 So. 2d 806 (Miss. 2003); Sanderson v. Sanderson, 170 So. 3d 430 (Miss. 2014) · case reporter

Mississippi enforces antenuptial agreements as contracts addressing property and spousal rights, subject to heightened fairness, disclosure, interpretation, and mandatory-law limits.

Scoped statutory propositions

  • Mississippi enforces antenuptial agreements as contracts addressing property and spousal rights, subject to heightened fairness, disclosure, interpretation, and mandatory-law limits.
  • Contract status does not authorize advance waiver of children's rights or eliminate chancery-court duties.

Questions for counsel

  • Which contractual subject and trigger does each clause address?
Justia reproduction of published Mississippi appellate opinionReviewed 2026-07-23Open cited source ↗
voluntarinessMississippi heightened fair-execution requirementEstate of Hensley v. Estate of Hensley, 524 So. 2d 325 (Miss. 1988); Sanderson v. Sanderson, 170 So. 3d 430 (Miss. 2014) · case reporter

Premarital agreements carry a heightened requirement of fairness in execution, including voluntariness and financial disclosure.

Scoped statutory propositions

  • Premarital agreements carry a heightened requirement of fairness in execution, including voluntariness and financial disclosure.
  • Ordinary contract language alone does not satisfy the heightened premarital safeguard.

Questions for counsel

  • Was the agreement fairly procured under the complete signing record?
Justia reproduction of published Mississippi appellate opinionReviewed 2026-07-23Open cited source ↗
voluntarinessMississippi voluntary-execution inquirySanderson v. Sanderson, 170 So. 3d 430 (Miss. 2014) · case reporter

Voluntariness turns on coercion, surprise, counsel opportunity, disclosure, signing proximity, and the actual wedding circumstances.

Scoped statutory propositions

  • Voluntariness turns on coercion, surprise, counsel opportunity, disclosure, signing proximity, and the actual wedding circumstances.
  • Sanderson's enforcement finding was record-specific and is not a one-day safe harbor.

Questions for counsel

  • What facts prove or undermine a free choice to sign?
Justia reproduction of published Mississippi appellate opinionReviewed 2026-07-23Open cited source ↗
financial disclosureMississippi full financial disclosureSanderson v. Sanderson, 170 So. 3d 430 (Miss. 2014) · case reporter

Fair execution ordinarily requires disclosure of each party's financial assets through statements or sufficiently proved independent knowledge.

Scoped statutory propositions

  • Fair execution ordinarily requires disclosure of each party's financial assets through statements or sufficiently proved independent knowledge.
  • A disputed attachment requires evidence; a recital does not conclusively prove actual disclosure.

Questions for counsel

  • Were accurate schedules attached and delivered before execution?
Justia reproduction of published Mississippi appellate opinionReviewed 2026-07-23Open cited source ↗
financial disclosureMississippi independent-knowledge alternativeSanderson v. Sanderson, 170 So. 3d 430 (Miss. 2014) · case reporter

Fair disclosure may be established by financial statements or the other party's independent knowledge of the financial state.

Scoped statutory propositions

  • Fair disclosure may be established by financial statements or the other party's independent knowledge of the financial state.
  • General familiarity should not be overstated as knowledge of undisclosed material interests.

Questions for counsel

  • What did the waiving party independently know, from what source, and when?
Justia reproduction of published Mississippi appellate opinionReviewed 2026-07-23Open cited source ↗
independent counselMississippi independent-counsel factorSanderson v. Sanderson, 170 So. 3d 430 (Miss. 2014); Mabus v. Mabus, 890 So. 2d 806 (Miss. 2003) · case reporter

Independent counsel is not categorically required, but a reasonable opportunity to consult is important to procedural conscionability.

Scoped statutory propositions

  • Independent counsel is not categorically required, but a reasonable opportunity to consult is important to procedural conscionability.
  • A declined opportunity does not cure coercion, misleading disclosure, or misunderstanding.

Questions for counsel

  • What meaningful conflict-free counsel opportunity existed?
Justia reproduction of published Mississippi appellate opinionReviewed 2026-07-23Open cited source ↗
timingMississippi timing and pressure inquirySanderson v. Sanderson, 170 So. 3d 430 (Miss. 2014) · case reporter

Mississippi has no fixed waiting period; timing is assessed with wedding scope, counsel, disclosure, surprise, and coercion.

Scoped statutory propositions

  • Mississippi has no fixed waiting period; timing is assessed with wedding scope, counsel, disclosure, surprise, and coercion.
  • Signing one day before the informal wedding in Sanderson is not a safe harbor.

Questions for counsel

  • What does the complete draft-to-wedding chronology show?
Justia reproduction of published Mississippi appellate opinionReviewed 2026-07-23Open cited source ↗
limitationsMississippi substantive-unconscionability reviewSanderson v. Sanderson, 170 So. 3d 430 (Miss. 2014) · case reporter

Trial courts must consider whether premarital terms were substantively unconscionable rather than limiting review to procedure.

Scoped statutory propositions

  • Trial courts must consider whether premarital terms were substantively unconscionable rather than limiting review to procedure.
  • The first Sanderson appeal remanded for analysis and did not itself hold the agreement substantively invalid.

Questions for counsel

  • Was any provision substantively unconscionable when made?
Justia reproduction of published Mississippi appellate opinionReviewed 2026-07-23Open cited source ↗
effective dateMississippi execution-time substantive measureSanderson v. Sanderson, 170 So. 3d 430 (Miss. 2014) · case reporter

Substantive unconscionability is measured when the agreement is made, preserving freely negotiated allocation against hindsight based only on an onerous outcome.

Scoped statutory propositions

  • Substantive unconscionability is measured when the agreement is made, preserving freely negotiated allocation against hindsight based only on an onerous outcome.
  • Later events may matter under other law but do not change Sanderson's stated measurement point.

Questions for counsel

  • What circumstances existed when the parties executed the terms?
Justia reproduction of published Mississippi appellate opinionReviewed 2026-07-23Open cited source ↗
spousal supportMississippi Sanderson remand applicationSanderson v. Sanderson, 245 So. 3d 421 (Miss. 2018) · case reporter

On remand, Sanderson upheld mutually worded property, alimony, allowance, inheritance, and benefit waivers as not harsh, oppressive, or one-sided on that record.

Scoped statutory propositions

  • On remand, Sanderson upheld mutually worded property, alimony, allowance, inheritance, and benefit waivers as not harsh, oppressive, or one-sided on that record.
  • Mutual wording is relevant but does not automatically establish conscionability in every agreement.

Questions for counsel

  • How do the actual terms and execution record differ from the 2018 application?
Justia reproduction of published Mississippi appellate opinionReviewed 2026-07-23Open cited source ↗
propertyMississippi separate-property maintenance applicationMabus v. Mabus, 890 So. 2d 806 (Miss. 2003) · case reporter

Mabus enforced agreed separate-property treatment where parties meticulously maintained separate premarital, gift, and inheritance accounts.

Scoped statutory propositions

  • Mabus enforced agreed separate-property treatment where parties meticulously maintained separate premarital, gift, and inheritance accounts.
  • Mabus's result depends on its record and does not protect commingled assets automatically.

Questions for counsel

  • Were assets actually maintained and traced as the agreement requires?
Justia reproduction of published Mississippi appellate opinionReviewed 2026-07-23Open cited source ↗
propertyMississippi plain-language constructionHatton v. Hatton, 323 So. 3d 557 (Miss. Ct. App. 2021) · case reporter

An antenuptial agreement is interpreted like another contract, with unambiguous language enforced as written and construction reviewed de novo.

Scoped statutory propositions

  • An antenuptial agreement is interpreted like another contract, with unambiguous language enforced as written and construction reviewed de novo.
  • Validity and interpretation remain distinct inquiries.

Questions for counsel

  • What does the complete unambiguous instrument cover?
Justia reproduction of published Mississippi appellate opinionReviewed 2026-07-23Open cited source ↗
propertyMississippi current pension-waiver constructionTauzin v. Tauzin, 2024-CA-00141-COA (Miss. Ct. App. 2025) · case reporter

Tauzin construed the actual asset list and pension clause, declining to infer waiver of an omitted retirement account or marital accumulations and recognizing required postmarriage federal-benefit acts.

Scoped statutory propositions

  • Tauzin construed the actual asset list and pension clause, declining to infer waiver of an omitted retirement account or marital accumulations and recognizing required postmarriage federal-benefit acts.
  • Federal plan-waiver formalities and divorce property interests are distinct; counsel must check later history.

Questions for counsel

  • Does the language and asset schedule actually reach the pension interest claimed?
Justia reproduction of published Mississippi appellate opinionReviewed 2026-07-23Open cited source ↗
propertyMississippi commingling outside agreement scopeSanderson v. Sanderson, 170 So. 3d 430 (Miss. 2014) · case reporter

Funds placed in a joint account and used for family purposes may become commingled and fall outside separate-property protection despite traceability claims.

Scoped statutory propositions

  • Funds placed in a joint account and used for family purposes may become commingled and fall outside separate-property protection despite traceability claims.
  • The exact agreement and complete tracing record control; title alone is not the only fact.

Questions for counsel

  • Did title, deposits, withdrawals, or family use alter the asset's classification?
Justia reproduction of published Mississippi appellate opinionReviewed 2026-07-23Open cited source ↗
propertyMississippi agreement in equitable-distribution analysisFerguson v. Ferguson, 639 So. 2d 921 (Miss. 1994) · case reporter

A written property-distribution agreement is an important equitable-distribution factor and ordinarily binding, subject to inequitable terms and applicable premarital validity rules.

Scoped statutory propositions

  • A written property-distribution agreement is an important equitable-distribution factor and ordinarily binding, subject to inequitable terms and applicable premarital validity rules.
  • Ferguson does not make every classification clause immune from Sanderson or commingling analysis.

Questions for counsel

  • How does the valid agreement interact with current equitable-classification and distribution doctrine?
Justia reproduction of published Mississippi appellate opinionReviewed 2026-07-23Open cited source ↗
spousal supportMississippi spousal-support waiver boundarySanderson v. Sanderson, 245 So. 3d 421 (Miss. 2018) · case reporter

Mississippi may enforce an alimony waiver after fair execution and substantive review, as Sanderson did on its mutual and fact-specific record.

Scoped statutory propositions

  • Mississippi may enforce an alimony waiver after fair execution and substantive review, as Sanderson did on its mutual and fact-specific record.
  • The 2018 outcome is not a categorical rule that every support waiver is enforceable.

Questions for counsel

  • Does the support waiver satisfy both execution and substantive safeguards?
Justia reproduction of published Mississippi appellate opinionReviewed 2026-07-23Open cited source ↗
child supportMississippi child-support nonwaiver boundaryMabus v. Mabus, 890 So. 2d 806 (Miss. 2003); Miss. Code tit. 93 · case reporter

Private property and alimony arrangements do not eliminate child-support obligations, which remain governed by current statute and chancery review.

Scoped statutory propositions

  • Private property and alimony arrangements do not eliminate child-support obligations, which remain governed by current statute and chancery review.
  • Mabus itself distinguished child-support obligations from the parties' private financial allocation.

Questions for counsel

  • Does any term attempt to waive or freeze a child's future support?
Justia reproduction of published Mississippi appellate opinionReviewed 2026-07-23Open cited source ↗
child supportMississippi child best-interest boundaryAlbright v. Albright, 437 So. 2d 1003 (Miss. 1983), applied in May v. Brown, 2023-CA-00624-COA (Miss. Ct. App. 2024) · case reporter

Custody decisions require a current best-interest analysis under the Albright factors rather than conclusive advance private allocation.

Scoped statutory propositions

  • Custody decisions require a current best-interest analysis under the Albright factors rather than conclusive advance private allocation.
  • An agreement may express preferences but cannot bind the court contrary to the child's best interests.

Questions for counsel

  • Does any term attempt to predetermine custody without current child-focused findings?
Justia reproduction of published Mississippi appellate opinionReviewed 2026-07-23Open cited source ↗
propertyMississippi antenuptial estate-waiver constructionEstate of Bell v. Estate of Bell, 2021-CA-00789-COA (Miss. Ct. App. 2023) · case reporter

Bell recognizes that prospective spouses may clearly waive claims against each other's estates and rejects an interpretation that would nullify that contractual intent automatically.

Scoped statutory propositions

  • Bell recognizes that prospective spouses may clearly waive claims against each other's estates and rejects an interpretation that would nullify that contractual intent automatically.
  • Estate-waiver construction remains distinct from divorce enforcement and requires current probate-law review.

Questions for counsel

  • Does the death-triggered language clearly waive the specific probate claim?
Justia reproduction of published Mississippi appellate opinionReviewed 2026-07-23Open cited source ↗
amendment revocationMississippi later-change classification boundaryHatton v. Hatton, 323 So. 3d 557 (Miss. Ct. App. 2021); Miss. Code § 15-3-1 · case reporter

Mississippi has no enacted uniform-act amendment section; a claimed change must satisfy the agreement, contract law, the statute of frauds, and transaction-specific requirements.

Scoped statutory propositions

  • Mississippi has no enacted uniform-act amendment section; a claimed change must satisfy the agreement, contract law, the statute of frauds, and transaction-specific requirements.
  • Do not infer a universal writing-only amendment rule or automatic change from marital conduct.

Questions for counsel

  • What instrument or conduct allegedly changed the agreement?
Justia reproduction of published Mississippi appellate opinionReviewed 2026-07-23Open cited source ↗
effective dateMississippi common-law applicability boundarySanderson v. Sanderson, 170 So. 3d 430 (Miss. 2014) · case reporter

Mississippi has not enacted a UPAA or UPMAA applicability schedule; execution date, then-current statutes, and developing common law determine the governing rules.

Scoped statutory propositions

  • Mississippi has not enacted a UPAA or UPMAA applicability schedule; execution date, then-current statutes, and developing common law determine the governing rules.
  • A historical uniform-act bill that passed only one chamber is not enacted Mississippi law.

Questions for counsel

  • Which authorities governed when the agreement and later instruments were executed?
Justia reproduction of published Mississippi appellate opinionReviewed 2026-07-23Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
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Missouri

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Missouri's marriage-contract and statute-of-frauds provisions, the Miles fairness framework and related appellate applications, separate probate-waiver statutes, and mandatory child-law boundaries.

formalitiesvoluntarinessfinancial disclosureindependent counseltiminglimitationspermitted subjectsspousal supportpropertyamendment revocationeffective datechild support
MaintenanceNext package review due 2026-10-2116 access checks · 16 later-authority searches
formalitiesMissouri marriage contracts affecting estatesMo. Rev. Stat. § 451.220 · official guidance

A marriage contract affecting an estate must be in writing and acknowledged or proved in the manner Missouri law specifies.

Scoped statutory propositions

  • A marriage contract affecting an estate must be in writing and acknowledged or proved in the manner Missouri law specifies.
  • This section is not a complete divorce-enforcement code; its estate focus and exact execution route must be mapped to the disputed term.

Questions for counsel

  • Was the complete contract written and properly acknowledged or proved?
Missouri Revisor of StatutesReviewed 2026-07-23Open cited source ↗
formalitiesMissouri marriage-consideration statute of fraudsMo. Rev. Stat. § 432.010 · official guidance

An agreement made upon consideration of marriage, other than mutual promises to marry, must be written and signed by the party to be charged.

Scoped statutory propositions

  • An agreement made upon consideration of marriage, other than mutual promises to marry, must be written and signed by the party to be charged.
  • Counsel must analyze this general rule together with section 451.220 and transaction-specific deed, probate, and federal-benefit formalities.

Questions for counsel

  • Is there a sufficient signed writing for each party against whom enforcement is sought?
Missouri Revisor of StatutesReviewed 2026-07-23Open cited source ↗
voluntarinessMissouri marriage-contract case-law locatorMo. Rev. Stat. § 451.220 annotations; Miles v. Werle, 977 S.W.2d 297 (Mo. Ct. App. 1998) · case reporter

Miles supplies the modern Missouri formulation for voluntary, fair, knowing, understanding, good-faith execution with full disclosure and absence of unconscionability.

Scoped statutory propositions

  • Miles supplies the modern Missouri formulation for voluntary, fair, knowing, understanding, good-faith execution with full disclosure and absence of unconscionability.
  • The statutory annotations are research locators; this record links the substantive published opinion and still requires later-history review.

Questions for counsel

  • What evidence addresses every part of the Miles formulation?
Justia reproduction of published Missouri appellate opinionReviewed 2026-07-23Open cited source ↗
voluntarinessMissouri leading premarital-enforcement frameworkMiles v. Werle, 977 S.W.2d 297 (Mo. Ct. App. 1998) · case reporter

A Missouri premarital agreement must be entered freely, fairly, knowingly, understandingly, in good faith and with full disclosure, and it must not be unconscionable.

Scoped statutory propositions

  • A Missouri premarital agreement must be entered freely, fairly, knowingly, understandingly, in good faith and with full disclosure, and it must not be unconscionable.
  • The elements are applied to the complete record; an enforcement result in one case is not a safe harbor.

Questions for counsel

  • Which execution facts prove or undermine each Miles safeguard?
Justia reproduction of published Missouri appellate opinionReviewed 2026-07-23Open cited source ↗
financial disclosureMissouri full financial disclosureMiles v. Werle, 977 S.W.2d 297 (Mo. Ct. App. 1998) · case reporter

Missouri's fairness inquiry requires full disclosure of the nature and extent of property interests material to the bargain.

Scoped statutory propositions

  • Missouri's fairness inquiry requires full disclosure of the nature and extent of property interests material to the bargain.
  • A recital should not be treated as conclusive proof that schedules were complete, accurate, and timely delivered.

Questions for counsel

  • What complete, accurate financial information was delivered before signing?
Justia reproduction of published Missouri appellate opinionReviewed 2026-07-23Open cited source ↗
financial disclosureMissouri knowledge and sophistication evidenceMiles v. Werle, 977 S.W.2d 297 (Mo. Ct. App. 1998) · case reporter

Actual knowledge, education, business experience, and participation in drafting may bear on whether the signer understood the disclosed interests and waived rights knowingly.

Scoped statutory propositions

  • Actual knowledge, education, business experience, and participation in drafting may bear on whether the signer understood the disclosed interests and waived rights knowingly.
  • General sophistication does not automatically cure a material omission or misrepresentation.

Questions for counsel

  • What did the signer actually know, and from what source, before execution?
Justia reproduction of published Missouri appellate opinionReviewed 2026-07-23Open cited source ↗
independent counselMissouri independent-counsel factorMiles v. Werle, 977 S.W.2d 297 (Mo. Ct. App. 1998); Gould v. Rafaeli, 822 S.W.2d 494 (Mo. Ct. App. 1991) · case reporter

Access to conflict-free counsel, advice actually received, and the opportunity to revise the draft are important evidence of knowing and voluntary execution.

Scoped statutory propositions

  • Access to conflict-free counsel, advice actually received, and the opportunity to revise the draft are important evidence of knowing and voluntary execution.
  • Missouri decisions treat counsel as part of the facts rather than an automatic substitute for disclosure, good faith, or voluntariness.

Questions for counsel

  • What meaningful opportunity for independent advice and negotiation did each party have?
Justia reproduction of published Missouri appellate opinionReviewed 2026-07-23Open cited source ↗
timingMissouri signing-timeline inquiryIn re Marriage of Thomas, 199 S.W.3d 847 (Mo. Ct. App. 2006); Miles v. Werle, 977 S.W.2d 297 (Mo. Ct. App. 1998) · case reporter

Missouri has no fixed premarital waiting period; draft delivery, wedding proximity, counsel access, negotiation, and practical alternatives are assessed together.

Scoped statutory propositions

  • Missouri has no fixed premarital waiting period; draft delivery, wedding proximity, counsel access, negotiation, and practical alternatives are assessed together.
  • Thomas's treatment of an agreement signed two days before marriage was fact-specific and creates no safe harbor.

Questions for counsel

  • What does the complete draft-to-wedding chronology show?
Justia reproduction of published Missouri appellate opinionReviewed 2026-07-23Open cited source ↗
voluntarinessMissouri duress and overreaching inquiryWhitenton v. Whitenton, 659 S.W.2d 542 (Mo. Ct. App. 1983); Wilson v. Wilson, 354 S.W.2d 532 (Mo. Ct. App. 1962) · case reporter

Threats, wedding pressure, bargaining disparity, concealment, and overreaching may undermine the free and fair execution Missouri requires.

Scoped statutory propositions

  • Threats, wedding pressure, bargaining disparity, concealment, and overreaching may undermine the free and fair execution Missouri requires.
  • A threat not to marry and signing proximity must be assessed with all other circumstances rather than treated as automatically dispositive.

Questions for counsel

  • Did either party wrongfully create circumstances that deprived the signer of a meaningful choice?
Justia reproduction of published Missouri appellate opinionReviewed 2026-07-23Open cited source ↗
limitationsMissouri unconscionability safeguardMiles v. Werle, 977 S.W.2d 297 (Mo. Ct. App. 1998) · case reporter

Even an otherwise knowing agreement must not be unconscionable under Missouri's premarital-enforcement framework.

Scoped statutory propositions

  • Even an otherwise knowing agreement must not be unconscionable under Missouri's premarital-enforcement framework.
  • Counsel must distinguish procedural evidence from substantive effect and verify the time at which each is measured under current law.

Questions for counsel

  • Was any challenged provision unconscionable under the governing Missouri measure?
Justia reproduction of published Missouri appellate opinionReviewed 2026-07-23Open cited source ↗
limitationsMissouri confidential-bargain good faithMiles v. Werle, 977 S.W.2d 297 (Mo. Ct. App. 1998); Ferry v. Ferry, 586 S.W.2d 782 (Mo. Ct. App. 1979) · case reporter

Prospective spouses must deal candidly and in good faith when allocating marital, support, and estate rights.

Scoped statutory propositions

  • Prospective spouses must deal candidly and in good faith when allocating marital, support, and estate rights.
  • Good faith is evaluated with disclosure, bargaining, and understanding; it is not established by boilerplate alone.

Questions for counsel

  • Did either party exploit trust, superior information, or control of the process?
Justia reproduction of published Missouri appellate opinionReviewed 2026-07-23Open cited source ↗
permitted subjectsMissouri dissolution-related agreement scopeGould v. Rafaeli, 822 S.W.2d 494 (Mo. Ct. App. 1991) · case reporter

Missouri permits premarital agreements to address property and financial consequences of dissolution, subject to execution safeguards and mandatory law.

Scoped statutory propositions

  • Missouri permits premarital agreements to address property and financial consequences of dissolution, subject to execution safeguards and mandatory law.
  • Gould rejected an older categorical public-policy objection but did not authorize child-right waivers or cure defective execution.

Questions for counsel

  • Which subject and triggering event does each operative clause actually address?
Justia reproduction of published Missouri appellate opinionReviewed 2026-07-23Open cited source ↗
spousal supportMissouri spousal-support waiver analysisGould v. Rafaeli, 822 S.W.2d 494 (Mo. Ct. App. 1991) · case reporter

A premarital agreement may address maintenance, but enforceability depends on the agreement text, Miles safeguards, and current statutory limits.

Scoped statutory propositions

  • A premarital agreement may address maintenance, but enforceability depends on the agreement text, Miles safeguards, and current statutory limits.
  • This record does not treat every support waiver as enforceable or displace current section 452.370 analysis.

Questions for counsel

  • Does the clause clearly reach the support requested and satisfy current Missouri safeguards?
Justia reproduction of published Missouri appellate opinionReviewed 2026-07-23Open cited source ↗
propertyMissouri agreement and property constructionWhitenton v. Whitenton, 659 S.W.2d 542 (Mo. Ct. App. 1983) · case reporter

Missouri applies contract construction to determine which property and rights the executed language covers after validity is established.

Scoped statutory propositions

  • Missouri applies contract construction to determine which property and rights the executed language covers after validity is established.
  • Validity and clause construction are distinct questions; neither should be inferred from the other.

Questions for counsel

  • What does the complete instrument unambiguously provide for the disputed asset?
Justia reproduction of published Missouri appellate opinionReviewed 2026-07-23Open cited source ↗
propertyMissouri title and commingling boundaryWhitenton v. Whitenton, 659 S.W.2d 542 (Mo. Ct. App. 1983); Mo. Rev. Stat. ch. 452 · case reporter

Later title, transfers, joint use, and tracing may affect whether an asset remains within a separate-property clause.

Scoped statutory propositions

  • Later title, transfers, joint use, and tracing may affect whether an asset remains within a separate-property clause.
  • No universal transmutation rule is encoded here; counsel must apply the actual clause and current chapter 452 doctrine.

Questions for counsel

  • Did later ownership or use alter classification under the agreement and current law?
Justia reproduction of published Missouri appellate opinionReviewed 2026-07-23Open cited source ↗
amendment revocationMissouri later-change boundaryMo. Rev. Stat. §§ 432.010, 451.220; Miles v. Werle, 977 S.W.2d 297 (Mo. Ct. App. 1998) · case reporter

Missouri has no enacted uniform-act amendment section; a claimed later change must satisfy the agreement, contract law, and every applicable writing or acknowledgment rule.

Scoped statutory propositions

  • Missouri has no enacted uniform-act amendment section; a claimed later change must satisfy the agreement, contract law, and every applicable writing or acknowledgment rule.
  • Do not infer that marital conduct alone amended the contract or that one formation statute resolves every later transaction.

Questions for counsel

  • What instrument or conduct allegedly changed the premarital agreement?
Justia reproduction of published Missouri appellate opinionReviewed 2026-07-23Open cited source ↗
effective dateMissouri contemplated-marriage effectivenessMo. Rev. Stat. §§ 432.010, 451.220 · official guidance

Missouri's statutory text addresses contracts made in consideration or contemplation of marriage, so occurrence of the contemplated marriage and the execution chronology matter.

Scoped statutory propositions

  • Missouri's statutory text addresses contracts made in consideration or contemplation of marriage, so occurrence of the contemplated marriage and the execution chronology matter.
  • Missouri has no codified UPAA effectiveness section; current counsel must classify unusual remarriage or void-marriage facts.

Questions for counsel

  • Was the agreement executed for the marriage that occurred?
Missouri Revisor of StatutesReviewed 2026-07-23Open cited source ↗
child supportMissouri child-custody best-interests boundaryMo. Rev. Stat. § 452.375 · official guidance

A court must decide custody under current statutory best-interest requirements and required findings rather than treat an advance private allocation as conclusive.

Scoped statutory propositions

  • A court must decide custody under current statutory best-interest requirements and required findings rather than treat an advance private allocation as conclusive.
  • The statute is mandatory family-law context, not a premarital-agreement formation rule.

Questions for counsel

  • Does any clause attempt to predetermine custody without current child-focused findings?
Missouri Revisor of StatutesReviewed 2026-07-23Open cited source ↗
child supportMissouri child-support statutory boundaryMo. Rev. Stat. § 452.340 · official guidance

Child-support duties and duration remain governed by current Missouri statute and judicial review despite a private financial agreement.

Scoped statutory propositions

  • Child-support duties and duration remain governed by current Missouri statute and judicial review despite a private financial agreement.
  • Counsel must apply current guidelines, modification law, and the child's circumstances; party labels cannot eliminate the duty.

Questions for counsel

  • Does any clause attempt to waive, cap, or freeze a child's support rights?
Missouri Revisor of StatutesReviewed 2026-07-23Open cited source ↗
propertyMissouri intestate survivor-rights waiverMo. Rev. Stat. § 474.120 · official guidance

An intestate surviving-spouse waiver requires a written agreement, full disclosure of legal rights and all property interests, and fair consideration under section 474.120.

Scoped statutory propositions

  • An intestate surviving-spouse waiver requires a written agreement, full disclosure of legal rights and all property interests, and fair consideration under section 474.120.
  • This probate test is distinct from divorce enforcement and must not be collapsed into Miles.

Questions for counsel

  • Does the death-related waiver satisfy every section 474.120 requirement?
Missouri Revisor of StatutesReviewed 2026-07-23Open cited source ↗
propertyMissouri testate election waiverMo. Rev. Stat. § 474.220 · official guidance

A surviving spouse may waive the right to elect against a will through a written signed agreement after full disclosure of the right and fair consideration.

Scoped statutory propositions

  • A surviving spouse may waive the right to elect against a will through a written signed agreement after full disclosure of the right and fair consideration.
  • Section 474.220 has its own text and should not be treated as identical to the intestate-waiver provision.

Questions for counsel

  • Does the instrument clearly and validly waive the election claimed?
Missouri Revisor of StatutesReviewed 2026-07-23Open cited source ↗
financial disclosureMissouri probate-waiver disclosure distinctionMo. Rev. Stat. §§ 474.120, 474.220 · official guidance

Missouri's intestate-waiver provision calls for disclosure of legal rights and all property interests, while the testate-election provision separately addresses disclosure of the right waived.

Scoped statutory propositions

  • Missouri's intestate-waiver provision calls for disclosure of legal rights and all property interests, while the testate-election provision separately addresses disclosure of the right waived.
  • The two probate provisions use different language; counsel must not merge their elements or substitute divorce-case terminology.

Questions for counsel

  • Which probate right is waived and what disclosure did its specific statute require?
Missouri Revisor of StatutesReviewed 2026-07-23Open cited source ↗
effective dateMissouri common-law applicability boundaryMiles v. Werle, 977 S.W.2d 297 (Mo. Ct. App. 1998); Mo. Rev. Stat. §§ 432.010, 451.220 · case reporter

Missouri has not enacted a UPAA or UPMAA applicability schedule; execution date and then-current statutes and common law govern historical instruments.

Scoped statutory propositions

  • Missouri has not enacted a UPAA or UPMAA applicability schedule; execution date and then-current statutes and common law govern historical instruments.
  • Do not import another state's uniform-act date or apply a later case without historical and conflicts analysis.

Questions for counsel

  • Which statutes and decisions governed when this agreement and any later instrument were executed?
Justia reproduction of published Missouri appellate opinionReviewed 2026-07-23Open cited source ↗
effective dateMissouri older-case qualificationFerry v. Ferry, 586 S.W.2d 782 (Mo. Ct. App. 1979); Wilson v. Wilson, 354 S.W.2d 532 (Mo. Ct. App. 1962) · case reporter

Older Missouri cases remain useful on disclosure, duress, and public policy but must be read through Miles and current statutes.

Scoped statutory propositions

  • Older Missouri cases remain useful on disclosure, duress, and public policy but must be read through Miles and current statutes.
  • This record flags historical research rather than treating an old enforcement outcome as the current complete test.

Questions for counsel

  • Does a historical instrument require older law, and has later authority changed the rule?
Justia reproduction of published Missouri appellate opinionReviewed 2026-07-23Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Missouri guide →View machine-readable package →
MT

Montana

Version
mt-2026-07-22.3
Checked
2026-07-22
Effective through
2026-07-22
Resources
18
Research tier
section verified
Source health
current with manual checks

Montana Uniform Premarital Agreement Act, Mont. Code Ann. §§ 40-2-601–610, with exact 2025 sections, the October 1, 1987 applicability rule, and qualified Supreme Court decisions on voluntariness, timing, counsel, disclosure, and construction.

propertyformalitiespermitted subjectschild supporteffective dateamendment revocationvoluntarinessfinancial disclosurepublic assistancespousal supportvoid marriagelimitationsindependent counseltiming
MaintenanceNext package review due 2026-10-205 access checks · 5 later-authority searches
propertyMontana statutory definitionsMont. Code Ann. § 40-2-603 · statute

Montana defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.

Scoped statutory propositions

  • Montana defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Does the document and disputed interest fit the statutory definitions?
Montana LegislatureReviewed 2026-07-22Open cited source ↗
formalitiesMontana writing and signature requirementsMont. Code Ann. § 40-2-604 · statute

A Montana premarital agreement must be in writing and signed by both parties and is enforceable without consideration.

Scoped statutory propositions

  • A Montana premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Is the complete agreement, including every incorporated schedule, written and signed by both parties?
Montana LegislatureReviewed 2026-07-22Open cited source ↗
permitted subjectsMontana permitted agreement subjectsMont. Code Ann. § 40-2-605(1) · statute

Permitted subjects include property rights and management, disposition, modification or elimination of spousal support, estate planning, life-insurance benefits, choice of law, and other lawful personal rights and obligations.

Scoped statutory propositions

  • Permitted subjects include property rights and management, disposition, modification or elimination of spousal support, estate planning, life-insurance benefits, choice of law, and other lawful personal rights and obligations.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Does each material clause fit a permitted and lawful subject?
Montana LegislatureReviewed 2026-07-22Open cited source ↗
child supportMontana child-support limitationMont. Code Ann. § 40-2-605(2) · statute

A Montana premarital agreement may not adversely affect a child's right to support.

Scoped statutory propositions

  • A Montana premarital agreement may not adversely affect a child's right to support.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Does any provision purport to adversely affect a child's support right?
Montana LegislatureReviewed 2026-07-22Open cited source ↗
effective dateMontana effect of marriageMont. Code Ann. § 40-2-606 · statute

A Montana premarital agreement becomes effective upon marriage.

Scoped statutory propositions

  • A Montana premarital agreement becomes effective upon marriage.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Did the contemplated marriage occur, and when did the agreement become effective?
Montana LegislatureReviewed 2026-07-22Open cited source ↗
amendment revocationMontana amendment and revocation formalitiesMont. Code Ann. § 40-2-607 · statute

After marriage, amendment or revocation requires a written agreement signed by both parties and is enforceable without consideration.

Scoped statutory propositions

  • After marriage, amendment or revocation requires a written agreement signed by both parties and is enforceable without consideration.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Is every claimed post-marriage change supported by the required signed writing?
Montana LegislatureReviewed 2026-07-22Open cited source ↗
voluntarinessMontana voluntary-execution safeguardMont. Code Ann. § 40-2-608(1)(a) · statute

The party resisting enforcement may prove involuntary execution as an alternative to Montana's unconscionability-and-disclosure branch.

Scoped statutory propositions

  • The party resisting enforcement may prove involuntary execution as an alternative to Montana's unconscionability-and-disclosure branch.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • What admissible evidence bears on voluntary execution under section 40-2-608 and Shirilla?
Montana LegislatureReviewed 2026-07-22Open cited source ↗
financial disclosureMontana unconscionability and disclosure safeguardMont. Code Ann. § 40-2-608(1)(b), (3) · statute

Montana's execution-time unconscionability branch also requires no fair and reasonable disclosure, no voluntary express written waiver of further disclosure, and no adequate knowledge of the other party's property or financial obligations.

Scoped statutory propositions

  • Montana's execution-time unconscionability branch also requires no fair and reasonable disclosure, no voluntary express written waiver of further disclosure, and no adequate knowledge of the other party's property or financial obligations.
  • The disclosure conditions are conjunctive, and the court decides unconscionability as a matter of law.

Questions for counsel

  • What evidence addresses every component of section 40-2-608(1)(b)?
Montana LegislatureReviewed 2026-07-22Open cited source ↗
public assistanceMontana public-assistance support safeguardMont. Code Ann. § 40-2-608(2) · statute

A court may require support to the extent necessary to avoid public-assistance eligibility caused by a premarital support modification or elimination at separation or dissolution.

Scoped statutory propositions

  • A court may require support to the extent necessary to avoid public-assistance eligibility caused by a premarital support modification or elimination at separation or dissolution.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Could the support term trigger the limited public-assistance safeguard?
Montana LegislatureReviewed 2026-07-22Open cited source ↗
spousal supportMontana judicial unconscionability determinationMont. Code Ann. § 40-2-608(1)(b), (3) · statute

The court decides execution-time unconscionability as a matter of law, while the statutory public-assistance safeguard remains separately available for qualifying support consequences.

Scoped statutory propositions

  • The court decides execution-time unconscionability as a matter of law, while the statutory public-assistance safeguard remains separately available for qualifying support consequences.
  • Unconscionability must be analyzed with all statutory disclosure conditions; this record does not treat a support waiver as automatically invalid.

Questions for counsel

  • What execution-time evidence and support consequences require judicial analysis?
Montana LegislatureReviewed 2026-07-22Open cited source ↗
void marriageMontana void-marriage ruleMont. Code Ann. § 40-2-609 · statute

If a marriage is void, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

Scoped statutory propositions

  • If a marriage is void, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • How could disputed marriage validity affect available relief?
Montana LegislatureReviewed 2026-07-22Open cited source ↗
limitationsMontana limitation-of-actions ruleMont. Code Ann. § 40-2-610 · statute

An applicable limitations period for relief under a premarital agreement is tolled during marriage, while equitable time defenses including laches and estoppel remain available.

Scoped statutory propositions

  • An applicable limitations period for relief under a premarital agreement is tolled during marriage, while equitable time defenses including laches and estoppel remain available.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • How do statutory tolling and equitable defenses affect the claim timeline?
Montana LegislatureReviewed 2026-07-22Open cited source ↗
effective dateMontana enactment and applicability history1987 Mont. Laws ch. 189, §§ 1–10, 17; Mont. Code Ann. §§ 40-2-601–610 · statute

Montana enacted its Uniform Premarital Agreement Act in 1987, and section 17 makes it applicable to premarital agreements executed on or after October 1, 1987.

Scoped statutory propositions

  • Montana enacted its Uniform Premarital Agreement Act in 1987, and section 17 makes it applicable to premarital agreements executed on or after October 1, 1987.
  • The current 2025 code retains sections 40-2-601 through 40-2-610, each tracing to chapter 189; Stout-Gollehon confirms the section 17 applicability rule.

Questions for counsel

  • Was the agreement executed before or after October 1, 1987, and which legal regime applies?
Montana LegislatureReviewed 2026-07-22Open cited source ↗
voluntarinessMontana Supreme Court applicability and voluntariness holdingIn re Marriage of Stout/Gollehon, 261 Mont. 10, 861 P.2d 856 (1993) · case reporter

Stout-Gollehon confirms the October 1, 1987 applicability line and rejected involuntariness based only on ignorance of a spouse's future conduct where the agreement was proposed by the challenger and drafted by her attorney.

Scoped statutory propositions

  • Stout-Gollehon confirms the October 1, 1987 applicability line and rejected involuntariness based only on ignorance of a spouse's future conduct where the agreement was proposed by the challenger and drafted by her attorney.
  • The holding is narrow and record-specific; it does not make attorney drafting or a party's proposal conclusive on voluntariness.

Questions for counsel

  • Does the asserted pressure concern execution circumstances or only unknown later conduct?
Justia reproduction of Montana Supreme Court opinionReviewed 2026-07-22Open cited source ↗
independent counselMontana Supreme Court coercion and language analysisIn re Marriage of Shirilla, 2004 MT 28, 319 Mont. 385, 89 P.3d 1 · case reporter

Shirilla affirmed involuntary execution where the credited record showed language barriers, ineffective access to counsel without a translator, immigration pressure, dependence, and presentation after substantial reliance on marriage promises.

Scoped statutory propositions

  • Shirilla affirmed involuntary execution where the credited record showed language barriers, ineffective access to counsel without a translator, immigration pressure, dependence, and presentation after substantial reliance on marriage promises.
  • The court evaluated the combined coercive circumstances; no single factor creates a categorical rule.

Questions for counsel

  • How do the actual language, translation, counsel, immigration, and dependence facts compare with Shirilla?
Justia reproduction of Montana Supreme Court opinionReviewed 2026-07-22Open cited source ↗
timingMontana Supreme Court premarital coercion frameworkIn re Marriage of Shirilla, 2004 MT 28, 319 Mont. 385, 89 P.3d 1 · case reporter

Shirilla treats capacity, duress, fraud, and undue influence—shown through factors probative of premarital coercion—as relevant to voluntary execution.

Scoped statutory propositions

  • Shirilla treats capacity, duress, fraud, and undue influence—shown through factors probative of premarital coercion—as relevant to voluntary execution.
  • Montana has no fixed statutory waiting period; timing is evidence within the fact-specific voluntariness inquiry.

Questions for counsel

  • What does the full negotiation and wedding chronology show about free choice?
Justia reproduction of Montana Supreme Court opinionReviewed 2026-07-22Open cited source ↗
financial disclosureMontana Supreme Court execution and disclosure analysisIn re Marriage of Bliss, 2016 MT 51 · case reporter

Bliss affirmed enforcement where notarization, original-file evidence, counsel consultation, a later free-will affidavit, and knowledge of omitted low-profit businesses supported voluntariness and fair disclosure.

Scoped statutory propositions

  • Bliss affirmed enforcement where notarization, original-file evidence, counsel consultation, a later free-will affidavit, and knowledge of omitted low-profit businesses supported voluntariness and fair disclosure.
  • Bliss is credibility- and record-specific; knowledge of an omitted asset may satisfy the statute on one record without excusing every incomplete schedule.

Questions for counsel

  • How does the execution and disclosure proof compare with the evidence credited in Bliss?
Justia reproduction of Montana Supreme Court opinionReviewed 2026-07-22Open cited source ↗
propertyMontana Supreme Court clear-language constructionIn re Marriage of Bliss, 2016 MT 51, ¶¶ 22–25 · case reporter

Bliss applied clear and explicit agreement language to gifted property after separately affirming enforceability under the Act.

Scoped statutory propositions

  • Bliss applied clear and explicit agreement language to gifted property after separately affirming enforceability under the Act.
  • The property result turned on the agreement's wording and undisputed transfer evidence, not a universal classification rule.

Questions for counsel

  • What does the complete agreement say about the disputed transfer or gift?
Justia reproduction of Montana Supreme Court opinionReviewed 2026-07-22Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Montana guide →View machine-readable package →
NE

Nebraska

Version
ne-2026-07-22.3
Checked
2026-07-22
Effective through
2026-07-22
Resources
15
Research tier
section verified
Source health
current with manual checks

Nebraska Uniform Premarital Agreement Act, Neb. Rev. Stat. §§ 42-1001–1011, with exact sections, 1994 applicability history, a documented model-act omission, and Nebraska appellate interpretations.

propertyformalitiespermitted subjectschild supporteffective dateamendment revocationvoluntarinessfinancial disclosurepublic assistancevoid marriagelimitationsindependent counselspousal support
MaintenanceNext package review due 2026-10-2015 access checks · 3 later-authority searches
propertyNebraska statutory definitionsNeb. Rev. Stat. § 42-1002 · statute

Nebraska defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.

Scoped statutory propositions

  • Nebraska defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.
  • The section was enacted by 1994 Laws, LB 202, section 2.

Questions for counsel

  • Does the document fit the statutory definition, and which interests fall within its property terms?
Nebraska LegislatureReviewed 2026-07-22Open cited source ↗
formalitiesNebraska writing and signature requirementsNeb. Rev. Stat. § 42-1003 · statute

A Nebraska premarital agreement must be in writing and signed by both parties.

Scoped statutory propositions

  • A Nebraska premarital agreement must be in writing and signed by both parties.
  • The section was enacted by 1994 Laws, LB 202, section 3; unlike several UPAA enactments, its text does not add an express without-consideration sentence.

Questions for counsel

  • Is the complete agreement, including every incorporated schedule, written and signed by both parties?
Nebraska LegislatureReviewed 2026-07-22Open cited source ↗
permitted subjectsNebraska permitted agreement subjectsNeb. Rev. Stat. § 42-1004(1) · statute

Permitted subjects include property rights and control, disposition, modification or elimination of spousal support, estate-planning arrangements, life-insurance benefits, choice of law, and other personal rights and obligations not violating public policy or criminal law.

Scoped statutory propositions

  • Permitted subjects include property rights and control, disposition, modification or elimination of spousal support, estate-planning arrangements, life-insurance benefits, choice of law, and other personal rights and obligations not violating public policy or criminal law.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Does each material clause fit a permitted and lawful subject?
Nebraska LegislatureReviewed 2026-07-22Open cited source ↗
child supportNebraska child-support limitationNeb. Rev. Stat. § 42-1004(2) · statute

A Nebraska premarital agreement may not adversely affect a child's right to support.

Scoped statutory propositions

  • A Nebraska premarital agreement may not adversely affect a child's right to support.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Does any provision purport to adversely affect a child's support right?
Nebraska LegislatureReviewed 2026-07-22Open cited source ↗
effective dateNebraska effect of marriageNeb. Rev. Stat. § 42-1005 · statute

A Nebraska premarital agreement becomes effective upon marriage.

Scoped statutory propositions

  • A Nebraska premarital agreement becomes effective upon marriage.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Did the contemplated marriage occur, and when did the agreement become effective?
Nebraska LegislatureReviewed 2026-07-22Open cited source ↗
amendment revocationNebraska codified amendment-and-revocation gapNeb. Rev. Stat. §§ 42-1001–1011 · statute

Nebraska's codified 11-section Uniform Premarital Agreement Act contains no standalone amendment-or-revocation section, so the product does not infer the omitted model-act rule.

Scoped statutory propositions

  • Nebraska's codified 11-section Uniform Premarital Agreement Act contains no standalone amendment-or-revocation section, so the product does not infer the omitted model-act rule.
  • This record documents the statutory gap rather than supplying a legal conclusion; current Nebraska counsel must determine the governing rule and formalities.

Questions for counsel

  • What Nebraska statutory, contract, or case authority governs the claimed amendment or revocation?
Nebraska LegislatureReviewed 2026-07-22Open cited source ↗
voluntarinessNebraska voluntary-execution safeguardNeb. Rev. Stat. § 42-1006(1)(a) · statute

The party resisting enforcement in Nebraska bears the burden to prove that the agreement was not executed voluntarily.

Scoped statutory propositions

  • The party resisting enforcement in Nebraska bears the burden to prove that the agreement was not executed voluntarily.
  • Mamot and Edwards identify fact-specific considerations including coercion, timing or surprise, independent counsel or opportunity, bargaining inequality, disclosure, and understanding of the rights or intent.

Questions for counsel

  • What admissible evidence bears on voluntary execution under section 42-1006 and Mamot?
Nebraska LegislatureReviewed 2026-07-22Open cited source ↗
financial disclosureNebraska unconscionability and disclosure safeguardNeb. Rev. Stat. § 42-1006(1)(b), (3) · statute

Nebraska's execution-time unconscionability ground also requires all three statutory disclosure conditions: no fair and reasonable disclosure, no voluntary express written waiver, and no adequate knowledge of the other party's property or financial obligations.

Scoped statutory propositions

  • Nebraska's execution-time unconscionability ground also requires all three statutory disclosure conditions: no fair and reasonable disclosure, no voluntary express written waiver, and no adequate knowledge of the other party's property or financial obligations.
  • Lack of fair disclosure alone is insufficient under Edwards; the disclosure conditions are conjunctive, and the court decides unconscionability as a matter of law.

Questions for counsel

  • What evidence addresses every component of section 42-1006(1)(b)?
Nebraska LegislatureReviewed 2026-07-22Open cited source ↗
public assistanceNebraska public-assistance support safeguardNeb. Rev. Stat. § 42-1006(2) · statute

A court may require support to the extent necessary to avoid public-assistance eligibility caused by a premarital support modification or elimination at separation or dissolution.

Scoped statutory propositions

  • A court may require support to the extent necessary to avoid public-assistance eligibility caused by a premarital support modification or elimination at separation or dissolution.
  • Auxier applies this safeguard narrowly to its statutory causation and eligibility requirements.

Questions for counsel

  • Did the support term cause qualifying public-assistance eligibility?
Nebraska LegislatureReviewed 2026-07-22Open cited source ↗
void marriageNebraska void-marriage ruleNeb. Rev. Stat. § 42-1007 · statute

If a marriage is void, an otherwise premarital agreement is enforceable only as necessary to avoid an inequitable result.

Scoped statutory propositions

  • If a marriage is void, an otherwise premarital agreement is enforceable only as necessary to avoid an inequitable result.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • How could marriage validity affect relief?
Nebraska LegislatureReviewed 2026-07-22Open cited source ↗
limitationsNebraska limitation-of-actions ruleNeb. Rev. Stat. § 42-1008 · statute

Nebraska tolls an applicable limitation period for a premarital-agreement claim during marriage while preserving equitable time defenses including laches and estoppel.

Scoped statutory propositions

  • Nebraska tolls an applicable limitation period for a premarital-agreement claim during marriage while preserving equitable time defenses including laches and estoppel.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • How do tolling and equitable defenses affect the claim timeline?
Nebraska LegislatureReviewed 2026-07-22Open cited source ↗
effective dateNebraska uniformity, severability, and applicabilityNeb. Rev. Stat. §§ 42-1001, 42-1009–1011 · statute

Nebraska designates and directs uniform construction of its Uniform Premarital Agreement Act, makes its provisions severable, and applies the Act to agreements executed on or after July 16, 1994.

Scoped statutory propositions

  • Nebraska designates and directs uniform construction of its Uniform Premarital Agreement Act, makes its provisions severable, and applies the Act to agreements executed on or after July 16, 1994.
  • The Act was enacted by 1994 Laws, LB 202; agreements executed earlier require separate historical-law review.

Questions for counsel

  • Was the agreement executed before or after July 16, 1994, and does any severability issue require clause-specific analysis?
Nebraska LegislatureReviewed 2026-07-22Open cited source ↗
voluntarinessNebraska Supreme Court voluntariness frameworkMamot v. Mamot, 283 Neb. 659, 813 N.W.2d 440 (2012) · case reporter

Mamot adopted the premarital voluntariness considerations developed in Edwards and held the agreement involuntary on its record, including presentation days before the wedding, inadequate opportunity for independent counsel, bargaining inequality, and lack of understanding.

Scoped statutory propositions

  • Mamot adopted the premarital voluntariness considerations developed in Edwards and held the agreement involuntary on its record, including presentation days before the wedding, inadequate opportunity for independent counsel, bargaining inequality, and lack of understanding.
  • Mamot is a fact-specific application; no single circumstance should be converted into an automatic rule.

Questions for counsel

  • How does the preserved negotiation and signing record compare with Mamot's factors?
Justia reproduction of Nebraska Supreme Court opinionReviewed 2026-07-22Open cited source ↗
independent counselNebraska Court of Appeals voluntariness, disclosure, and support analysisEdwards v. Edwards, 16 Neb. App. 297, 744 N.W.2d 243 (2008) · case reporter

Edwards identified the voluntariness considerations later adopted in Mamot, enforced the agreement on its negotiation record, held lack of disclosure alone insufficient without every statutory condition, and applied section 42-1004(1)(d) to temporary as well as permanent support.

Scoped statutory propositions

  • Edwards identified the voluntariness considerations later adopted in Mamot, enforced the agreement on its negotiation record, held lack of disclosure alone insufficient without every statutory condition, and applied section 42-1004(1)(d) to temporary as well as permanent support.
  • The holding rests on the parties' particular negotiation history and clause text; the court also explained that an allegedly unconscionable part does not automatically invalidate the entire agreement.

Questions for counsel

  • Which Edwards voluntariness and disclosure facts are supported, and does the support clause expressly reach temporary relief?
Justia reproduction of Nebraska Court of Appeals opinionReviewed 2026-07-22Open cited source ↗
spousal supportNebraska Court of Appeals execution-time unconscionability analysisAuxier v. Auxier, 32 Neb. App. 230, 995 N.W.2d 446 (2023) · case reporter

Auxier held that statutory unconscionability is assessed when the agreement is executed, reversed reliance on later disability and financial circumstances to invalidate an alimony waiver, and found the public-assistance exception unmet on the evidence.

Scoped statutory propositions

  • Auxier held that statutory unconscionability is assessed when the agreement is executed, reversed reliance on later disability and financial circumstances to invalidate an alimony waiver, and found the public-assistance exception unmet on the evidence.
  • Auxier does not erase the statutory public-assistance exception; it found no proof there that the waiver caused qualifying eligibility.

Questions for counsel

  • Which facts existed at execution, and does separate evidence establish every element of the public-assistance safeguard?
Justia reproduction of Nebraska Court of Appeals opinionReviewed 2026-07-22Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Nebraska guide →View machine-readable package →
NV

Nevada

Version
nv-2026-07-22.3
Checked
2026-07-22
Effective through
2026-07-22
Resources
16
Research tier
section verified
Source health
current with manual checks

Nevada Uniform Premarital Agreement Act, NRS Chapter 123A, with exact sections, 1989 enactment history, Nevada's state-specific enforcement structure, and Nevada Supreme Court interpretations.

propertyformalitiespermitted subjectschild supporteffective dateamendment revocationvoluntarinessspousal supportfinancial disclosurepublic assistancevoid marriagelimitationsindependent counsel
MaintenanceNext package review due 2026-10-2016 access checks · 3 later-authority searches
propertyNevada statutory definitionsNRS 123A.030 · statute

Nevada defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.

Scoped statutory propositions

  • Nevada defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.
  • The section was added by 1989 Nevada Statutes chapter 472, section 3.

Questions for counsel

  • Does the document fit the statutory definition, and which interests fall within its property terms?
Nevada LegislatureReviewed 2026-07-22Open cited source ↗
formalitiesNevada writing and signature requirementsNRS 123A.040 · statute

A Nevada premarital agreement must be in writing and signed by both parties and is enforceable without consideration.

Scoped statutory propositions

  • A Nevada premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
  • The statute does not add an acknowledgment or witness requirement; separate instrument or recording rules may still matter for particular assets.

Questions for counsel

  • Is the complete agreement, including every incorporated schedule, written and signed by both parties?
Nevada LegislatureReviewed 2026-07-22Open cited source ↗
permitted subjectsNevada permitted agreement subjectsNRS 123A.050(1) · statute

Permitted subjects include property rights and control, disposition, alimony or support, estate-planning arrangements, life-insurance benefits, choice of law, and other personal rights and obligations not violating public policy or criminal law.

Scoped statutory propositions

  • Permitted subjects include property rights and control, disposition, alimony or support, estate-planning arrangements, life-insurance benefits, choice of law, and other personal rights and obligations not violating public policy or criminal law.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Does each material clause fit a permitted and lawful subject?
Nevada LegislatureReviewed 2026-07-22Open cited source ↗
child supportNevada child-support limitationNRS 123A.050(2) · statute

A Nevada premarital agreement may not adversely affect a child's right to support.

Scoped statutory propositions

  • A Nevada premarital agreement may not adversely affect a child's right to support.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Does any provision purport to adversely affect a child's support right?
Nevada LegislatureReviewed 2026-07-22Open cited source ↗
effective dateNevada effect of marriageNRS 123A.060 · statute

A Nevada premarital agreement becomes effective upon marriage.

Scoped statutory propositions

  • A Nevada premarital agreement becomes effective upon marriage.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Did the contemplated marriage occur, and when did the agreement become effective?
Nevada LegislatureReviewed 2026-07-22Open cited source ↗
amendment revocationNevada amendment and revocation formalitiesNRS 123A.070 · statute

After marriage, amendment or revocation requires a written agreement signed by the parties and is enforceable without consideration.

Scoped statutory propositions

  • After marriage, amendment or revocation requires a written agreement signed by the parties and is enforceable without consideration.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Is every claimed amendment or revocation supported by the required signed writing?
Nevada LegislatureReviewed 2026-07-22Open cited source ↗
voluntarinessNevada voluntary-execution safeguardNRS 123A.080(1)(a) · statute

The party resisting enforcement in Nevada bears the burden to prove that the agreement was not executed voluntarily.

Scoped statutory propositions

  • The party resisting enforcement in Nevada bears the burden to prove that the agreement was not executed voluntarily.
  • Sogg supplies a qualified historical framework for agreements predating the Act; current counsel must not convert its fact-specific considerations into automatic statutory elements.

Questions for counsel

  • What admissible evidence bears on voluntary execution under section 123A.080 and Nevada decisions?
Nevada LegislatureReviewed 2026-07-22Open cited source ↗
spousal supportNevada standalone execution-time unconscionability groundNRS 123A.080(1)(b), (3) · statute

Nevada makes unconscionability when the agreement was executed a standalone unenforceability ground, and the court decides the issue as a matter of law.

Scoped statutory propositions

  • Nevada makes unconscionability when the agreement was executed a standalone unenforceability ground, and the court decides the issue as a matter of law.
  • This is a Nevada-specific departure from UPAA enactments that combine unconscionability with separate disclosure conditions; later hardship is not itself the statutory time point.

Questions for counsel

  • Was the agreement unconscionable when executed under current Nevada law?
Nevada LegislatureReviewed 2026-07-22Open cited source ↗
financial disclosureNevada disclosure, waiver, and knowledge branchNRS 123A.080(1)(c) · statute

Nevada separately permits a challenger to prove all three disclosure conditions: no fair and reasonable disclosure before execution, no voluntary express written waiver of further disclosure, and no adequate knowledge of the other party's property or financial obligations.

Scoped statutory propositions

  • Nevada separately permits a challenger to prove all three disclosure conditions: no fair and reasonable disclosure before execution, no voluntary express written waiver of further disclosure, and no adequate knowledge of the other party's property or financial obligations.
  • The three subconditions are conjunctive. Fick emphasizes that required disclosure must precede execution and that a later-initialed schedule did not cure the record there.

Questions for counsel

  • What evidence addresses every component of section 123A.080(1)(c)?
Nevada LegislatureReviewed 2026-07-22Open cited source ↗
public assistanceNevada public-assistance support safeguardNRS 123A.080(2) · statute

A court may require support to the extent necessary to avoid public-assistance eligibility caused by an alimony, support, or maintenance modification or elimination at separation or dissolution.

Scoped statutory propositions

  • A court may require support to the extent necessary to avoid public-assistance eligibility caused by an alimony, support, or maintenance modification or elimination at separation or dissolution.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Could the support term cause qualifying public-assistance eligibility?
Nevada LegislatureReviewed 2026-07-22Open cited source ↗
void marriageNevada void-marriage ruleNRS 123A.090 · statute

If a marriage is void, an otherwise premarital agreement is enforceable only as necessary to avoid an inequitable result.

Scoped statutory propositions

  • If a marriage is void, an otherwise premarital agreement is enforceable only as necessary to avoid an inequitable result.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • How could marriage validity affect relief?
Nevada LegislatureReviewed 2026-07-22Open cited source ↗
limitationsNevada limitation-of-actions ruleNRS 123A.100 · statute

Nevada tolls an applicable limitation period for a premarital-agreement claim during marriage while preserving equitable time defenses including laches and estoppel.

Scoped statutory propositions

  • Nevada tolls an applicable limitation period for a premarital-agreement claim during marriage while preserving equitable time defenses including laches and estoppel.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • How do tolling and equitable defenses affect the claim timeline?
Nevada LegislatureReviewed 2026-07-22Open cited source ↗
effective dateNevada enactment and historical-law checkpoint1989 Nev. Stat. ch. 472 (A.B. 296); NRS 123A.010–.100 · official guidance

Nevada enacted its Uniform Premarital Agreement Act in 1989; Sogg and Fick explain that an agreement entered before October 1, 1989 may be tested under the Act or Nevada's pre-Act common law.

Scoped statutory propositions

  • Nevada enacted its Uniform Premarital Agreement Act in 1989; Sogg and Fick explain that an agreement entered before October 1, 1989 may be tested under the Act or Nevada's pre-Act common law.
  • The session law supplies the enacted text; the October 1 checkpoint is stated in Fick, and agreements near enactment require counsel to verify effective-date and transition law.

Questions for counsel

  • Which legal regime and historical text govern this agreement?
Nevada LegislatureReviewed 2026-07-22Open cited source ↗
independent counselNevada Supreme Court pre-Act enforcement frameworkSogg v. Nevada State Bank, 108 Nev. 308, 832 P.2d 781 (1992) · case reporter

Sogg reviewed a pre-Act agreement de novo and invalidated it after considering independent-counsel opportunity, signing pressure, business sophistication, financial disclosure, and understanding of forfeited rights.

Scoped statutory propositions

  • Sogg reviewed a pre-Act agreement de novo and invalidated it after considering independent-counsel opportunity, signing pressure, business sophistication, financial disclosure, and understanding of forfeited rights.
  • Sogg allows a pre-Act agreement to be evaluated under the Act or Nevada common law; its presumption and factors must be confined to the historical and factual setting it addressed.

Questions for counsel

  • How does the preserved negotiation, counsel, and disclosure record compare with Sogg?
Justia reproduction of Nevada Supreme Court opinionReviewed 2026-07-22Open cited source ↗
financial disclosureNevada Supreme Court pre-execution disclosure decisionFick v. Fick, 109 Nev. 458, 851 P.2d 445 (1993) · case reporter

Fick affirmed that the agreement's alimony-waiver provisions were unenforceable where the asset schedule was not supplied until after signing and marriage and the record did not establish adequate prior knowledge of the full assets and obligations.

Scoped statutory propositions

  • Fick affirmed that the agreement's alimony-waiver provisions were unenforceable where the asset schedule was not supplied until after signing and marriage and the record did not establish adequate prior knowledge of the full assets and obligations.
  • Fick concerned a pre-October 1, 1989 agreement and applied both the Act and Nevada common-law authorities; counsel must map its disclosure analysis to the current conjunctive text of section 123A.080(1)(c).

Questions for counsel

  • Was fair disclosure or adequate knowledge established before execution, rather than supplied later?
Justia reproduction of Nevada Supreme Court opinionReviewed 2026-07-22Open cited source ↗
voluntarinessNevada Supreme Court burden and pleading decisionKantor v. Kantor, 116 Nev. 886, 8 P.3d 825 (2000) · case reporter

Kantor explains that section 123A.080 places the burden of proving statutory invalidity on the party resisting enforcement and held that the district court did not need to independently revisit validity after the wife admitted it in an amended answer.

Scoped statutory propositions

  • Kantor explains that section 123A.080 places the burden of proving statutory invalidity on the party resisting enforcement and held that the district court did not need to independently revisit validity after the wife admitted it in an amended answer.
  • Kantor is primarily procedural and does not establish that a court may ignore a properly preserved statutory challenge.

Questions for counsel

  • Has validity been properly contested, and who bears each statutory burden?
Justia reproduction of Nevada Supreme Court opinionReviewed 2026-07-22Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Nevada guide →View machine-readable package →
NH

New Hampshire

Version
nh-2026-07-23.3
Checked
2026-07-23
Effective through
2026-07-23
Resources
27
Research tier
section verified
Source health
current with manual checks

New Hampshire's written antenuptial-contract statute, MacFarlane and Nizhnikov validity framework, Hollett and Yannalfo timing applications, contract proof and construction, and mandatory child, property, support, and historical boundaries.

formalitieschild supportvoluntarinesslimitationsfinancial disclosurespousal supporttimingindependent counselpermitted subjectspropertyamendment revocationeffective date
MaintenanceNext package review due 2026-10-2117 access checks · 17 later-authority searches
formalitiesNew Hampshire written antenuptial-contract ruleN.H. Rev. Stat. Ann. § 460:2-a · official guidance

Two people in contemplation of marriage may enter a written interspousal contract under section 460:2-a.

Scoped statutory propositions

  • Two people in contemplation of marriage may enter a written interspousal contract under section 460:2-a.
  • The statute does not state a categorical notarization, witness, counsel, or fixed waiting-period requirement; common law supplies additional validity safeguards.

Questions for counsel

  • Is every claimed term contained in the written contract executed for the contemplated marriage?
New Hampshire General CourtReviewed 2026-07-23Open cited source ↗
child supportNew Hampshire minor-child rights limitationN.H. Rev. Stat. Ann. § 460:2-a · official guidance

No otherwise enforceable antenuptial contract may contain a term attempting to abrogate the statutory or common-law rights of minor children of the contemplated marriage.

Scoped statutory propositions

  • No otherwise enforceable antenuptial contract may contain a term attempting to abrogate the statutory or common-law rights of minor children of the contemplated marriage.
  • The statutory prohibition is express and must be applied with current custody and support law.

Questions for counsel

  • Does any term attempt to abrogate a minor child's statutory or common-law rights?
New Hampshire General CourtReviewed 2026-07-23Open cited source ↗
voluntarinessNew Hampshire validity frameworkMacFarlane v. Rich, 132 N.H. 608, 567 A.2d 585 (1989); In the Matter of Nizhnikov, 168 N.H. 525 (2016) · case reporter

A premarital agreement is presumed valid unless the challenger proves procurement through fraud, duress, mistake, misrepresentation or material nondisclosure; unconscionability; or sufficiently changed circumstances.

Scoped statutory propositions

  • A premarital agreement is presumed valid unless the challenger proves procurement through fraud, duress, mistake, misrepresentation or material nondisclosure; unconscionability; or sufficiently changed circumstances.
  • The three branches must not be collapsed, and appellate outcomes remain tied to the trial record.

Questions for counsel

  • Which recognized invalidity ground is asserted and what evidence proves it?
Justia reproduction of published New Hampshire Supreme Court opinionReviewed 2026-07-23Open cited source ↗
limitationsNew Hampshire challenger's burdenIn the Matter of Nizhnikov, 168 N.H. 525 (2016) · case reporter

Nizhnikov places the burden on the party seeking invalidation to prove one of New Hampshire's recognized grounds.

Scoped statutory propositions

  • Nizhnikov places the burden on the party seeking invalidation to prove one of New Hampshire's recognized grounds.
  • The presumption does not excuse the proponent from authenticating the writing or proving the terms claimed.

Questions for counsel

  • Which party challenges enforcement and what evidence satisfies the applicable burden?
Justia reproduction of published New Hampshire Supreme Court opinionReviewed 2026-07-23Open cited source ↗
financial disclosureNew Hampshire material-nondisclosure groundIn the Matter of Nizhnikov, 168 N.H. 525 (2016) · case reporter

A challenger must connect an alleged omission or misrepresentation to a material fact and show that the agreement was obtained through that defect.

Scoped statutory propositions

  • A challenger must connect an alleged omission or misrepresentation to a material fact and show that the agreement was obtained through that defect.
  • Nizhnikov did not convert the absence of a separate disclosure schedule, standing alone, into proof of material nondisclosure.

Questions for counsel

  • What material fact was withheld or misstated, and how did it procure assent?
Justia reproduction of published New Hampshire Supreme Court opinionReviewed 2026-07-23Open cited source ↗
financial disclosureNew Hampshire financial-knowledge evidenceIn the Matter of Nizhnikov, 168 N.H. 525 (2016) · case reporter

The parties' actual knowledge, business involvement, education, translations, and the agreement's disclosure language may bear on a material-nondisclosure claim.

Scoped statutory propositions

  • The parties' actual knowledge, business involvement, education, translations, and the agreement's disclosure language may bear on a material-nondisclosure claim.
  • Boilerplate or general familiarity should not be overstated as knowledge of an omitted material interest.

Questions for counsel

  • What did the signer actually know about assets, liabilities, income, and waived rights before execution?
Justia reproduction of published New Hampshire Supreme Court opinionReviewed 2026-07-23Open cited source ↗
limitationsNew Hampshire unconscionability groundMacFarlane v. Rich, 132 N.H. 608 (1989); In the Matter of Nizhnikov, 168 N.H. 525 (2016) · case reporter

Unconscionability is an independent New Hampshire ground for declining enforcement of a premarital agreement or affected term.

Scoped statutory propositions

  • Unconscionability is an independent New Hampshire ground for declining enforcement of a premarital agreement or affected term.
  • Asset or income disparity alone should not be treated as automatically dispositive; the agreement and circumstances require full analysis.

Questions for counsel

  • Was the agreement or a severable provision unconscionable under current New Hampshire law?
Justia reproduction of published New Hampshire Supreme Court opinionReviewed 2026-07-23Open cited source ↗
spousal supportNew Hampshire changed-circumstances groundMacFarlane v. Rich, 132 N.H. 608 (1989); In the Matter of Nizhnikov, 168 N.H. 525 (2016) · case reporter

Facts and circumstances may change so substantially after execution that enforcement would create the unconscionable hardship contemplated by New Hampshire precedent.

Scoped statutory propositions

  • Facts and circumstances may change so substantially after execution that enforcement would create the unconscionable hardship contemplated by New Hampshire precedent.
  • A later disadvantage is not by itself enough; counsel must apply the precise MacFarlane and Nizhnikov standard.

Questions for counsel

  • What changed after execution, was it contemplated, and what hardship would enforcement cause?
Justia reproduction of published New Hampshire Supreme Court opinionReviewed 2026-07-23Open cited source ↗
voluntarinessNew Hampshire heightened candor and fairnessIn re Estate of Hollett, 150 N.H. 39 (2003) · case reporter

Because premarital bargains implicate a confidential relationship and state interests, Hollett requires heightened scrutiny, good faith, candor, sincerity, and fairness in terms and execution.

Scoped statutory propositions

  • Because premarital bargains implicate a confidential relationship and state interests, Hollett requires heightened scrutiny, good faith, candor, sincerity, and fairness in terms and execution.
  • The heightened standard is applied to the whole process, not satisfied by a recital alone.

Questions for counsel

  • Did either party exploit trust, superior knowledge, or control of the drafting process?
Justia reproduction of published New Hampshire Supreme Court opinionReviewed 2026-07-23Open cited source ↗
voluntarinessNew Hampshire Hollett involuntariness applicationIn re Estate of Hollett, 150 N.H. 39 (2003) · case reporter

Hollett held the signing involuntary as a matter of law on its cumulative facts, including late disclosure, complexity, unequal bargaining power, emotional distress, and wedding pressure.

Scoped statutory propositions

  • Hollett held the signing involuntary as a matter of law on its cumulative facts, including late disclosure, complexity, unequal bargaining power, emotional distress, and wedding pressure.
  • Hollett does not create a per se timing rule; its holding rests on the combined undisputed facts.

Questions for counsel

  • How does the preserved execution record compare with Hollett's cumulative circumstances?
Justia reproduction of published New Hampshire Supreme Court opinionReviewed 2026-07-23Open cited source ↗
timingNew Hampshire reasonable-time requirementIn re Estate of Hollett, 150 N.H. 39 (2003) · case reporter

Timing is paramount to voluntariness, and the signer must have reasonable time to reflect, negotiate, investigate, and make effective use of independent advice.

Scoped statutory propositions

  • Timing is paramount to voluntariness, and the signer must have reasonable time to reflect, negotiate, investigate, and make effective use of independent advice.
  • Hollett references a thirty-day recommendation but New Hampshire has not enacted a fixed thirty-day safe harbor or invalidity rule.

Questions for counsel

  • How much usable time existed between complete disclosure and execution?
Justia reproduction of published New Hampshire Supreme Court opinionReviewed 2026-07-23Open cited source ↗
timingNew Hampshire no-per-se timing ruleIn the Matter of Yannalfo, 147 N.H. 597 (2002) · case reporter

Presentation about a day before the wedding and a statement that marriage will not occur, standing alone, did not prove duress in Yannalfo; additional circumstances control.

Scoped statutory propositions

  • Presentation about a day before the wedding and a statement that marriage will not occur, standing alone, did not prove duress in Yannalfo; additional circumstances control.
  • Yannalfo involved a narrow home-contribution agreement and must not be generalized to complex estate-wide waivers.

Questions for counsel

  • What circumstances beyond proximity affected the signer's practical choice?
Justia reproduction of published New Hampshire Supreme Court opinionReviewed 2026-07-23Open cited source ↗
independent counselNew Hampshire effective independent-counsel opportunityIn re Estate of Hollett, 150 N.H. 39 (2003) · case reporter

Counsel's presence is not dispositive when time, complexity, distress, or lack of investigation prevents effective use of the advice.

Scoped statutory propositions

  • Counsel's presence is not dispositive when time, complexity, distress, or lack of investigation prevents effective use of the advice.
  • Hollett assumed effective counsel for part of its analysis yet still found involuntariness; a signature-page recital is not conclusive.

Questions for counsel

  • Could counsel meaningfully investigate, explain, negotiate, and advise before execution?
Justia reproduction of published New Hampshire Supreme Court opinionReviewed 2026-07-23Open cited source ↗
independent counselNew Hampshire understanding and bargaining contextIn re Estate of Hollett, 150 N.H. 39 (2003); In the Matter of Nizhnikov, 168 N.H. 525 (2016) · case reporter

Education, language, experience, emotional condition, business involvement, and understanding of waived rights inform whether assent was voluntary and knowing.

Scoped statutory propositions

  • Education, language, experience, emotional condition, business involvement, and understanding of waived rights inform whether assent was voluntary and knowing.
  • Comparisons between Hollett and Nizhnikov are fact-specific and do not make sophistication an automatic cure.

Questions for counsel

  • What evidence shows actual understanding of the agreement and consequences?
Justia reproduction of published New Hampshire Supreme Court opinionReviewed 2026-07-23Open cited source ↗
permitted subjectsNew Hampshire antenuptial-contract authorizationN.H. Rev. Stat. Ann. § 460:2-a · official guidance

Section 460:2-a authorizes written interspousal contracts in contemplation of marriage while expressly preserving minor-child rights.

Scoped statutory propositions

  • Section 460:2-a authorizes written interspousal contracts in contemplation of marriage while expressly preserving minor-child rights.
  • The statute does not enumerate a uniform-act subject list; current case and mandatory law must validate each requested remedy.

Questions for counsel

  • Which contractual subject and trigger does each clause address?
New Hampshire General CourtReviewed 2026-07-23Open cited source ↗
propertyNew Hampshire statutory property-distribution boundaryN.H. Rev. Stat. Ann. § 458:16-a · official guidance

New Hampshire's property-distribution statute supplies the background rule against which an enforceable premarital property allocation operates.

Scoped statutory propositions

  • New Hampshire's property-distribution statute supplies the background rule against which an enforceable premarital property allocation operates.
  • This section is mandatory divorce context, not the formation test for the agreement.

Questions for counsel

  • Does the valid agreement clearly displace the statutory default for this asset?
New Hampshire General CourtReviewed 2026-07-23Open cited source ↗
propertyNew Hampshire ordinary contract constructionIn the Matter of Yannalfo, 147 N.H. 597 (2002); In the Matter of Nizhnikov, 168 N.H. 525 (2016) · case reporter

Once validity is established, ordinary contract principles govern the language and scope of an antenuptial agreement.

Scoped statutory propositions

  • Once validity is established, ordinary contract principles govern the language and scope of an antenuptial agreement.
  • Validity and interpretation remain separate; ordinary construction does not reduce heightened execution scrutiny.

Questions for counsel

  • What does the complete agreement unambiguously cover?
Justia reproduction of published New Hampshire Supreme Court opinionReviewed 2026-07-23Open cited source ↗
spousal supportNew Hampshire alimony statutory contextN.H. Rev. Stat. Ann. §§ 458:19, 458:19-a · official guidance

Current alimony statutes supply mandatory remedy and modification context for any premarital support clause.

Scoped statutory propositions

  • Current alimony statutes supply mandatory remedy and modification context for any premarital support clause.
  • The chapter-wide official source requires section-level verification by licensed counsel for the actual remedy and date.

Questions for counsel

  • Does the clause clearly reach the relief requested, and would current law limit enforcement?
New Hampshire General CourtReviewed 2026-07-23Open cited source ↗
child supportNew Hampshire child-support guidelines purposeN.H. Rev. Stat. Ann. § 458-C:1 · official guidance

New Hampshire's guidelines are intended to establish and enforce parental support obligations based on current statutory policy.

Scoped statutory propositions

  • New Hampshire's guidelines are intended to establish and enforce parental support obligations based on current statutory policy.
  • This mandatory child-law source operates with the express section 460:2-a nonabrogation clause.

Questions for counsel

  • Does any agreement term attempt to waive or predetermine a child's support contrary to current law?
New Hampshire General CourtReviewed 2026-07-23Open cited source ↗
child supportNew Hampshire child best-interests boundaryN.H. Rev. Stat. Ann. § 461-A:6 · official guidance

Parental-rights and responsibilities determinations must follow the child's current best interests under section 461-A:6.

Scoped statutory propositions

  • Parental-rights and responsibilities determinations must follow the child's current best interests under section 461-A:6.
  • Advance preferences cannot abrogate minor-child rights or replace the statutory inquiry.

Questions for counsel

  • Does any term attempt to bind the court without a current best-interests analysis?
New Hampshire General CourtReviewed 2026-07-23Open cited source ↗
formalitiesNew Hampshire proof of lost written agreementIn the Matter of Serodio & Perkins, 172 N.H. 340 (2014) · case reporter

A lost or destroyed written premarital agreement may be proved with secondary evidence after satisfactory proof of loss or destruction and of its contents.

Scoped statutory propositions

  • A lost or destroyed written premarital agreement may be proved with secondary evidence after satisfactory proof of loss or destruction and of its contents.
  • Serodio does not make an unsigned copy self-authenticating or eliminate section 460:2-a's written-contract requirement.

Questions for counsel

  • Can the proponent prove the executed writing, its loss, and its terms with admissible evidence?
Justia reproduction of published New Hampshire Supreme Court opinionReviewed 2026-07-23Open cited source ↗
amendment revocationNew Hampshire later-change boundaryN.H. Rev. Stat. Ann. § 460:2-a; In the Matter of Serodio & Perkins, 172 N.H. 340 (2014) · case reporter

New Hampshire has no enacted uniform-act amendment section; a claimed modification or revocation must be proved under the agreement, contract law, and applicable writing rules.

Scoped statutory propositions

  • New Hampshire has no enacted uniform-act amendment section; a claimed modification or revocation must be proved under the agreement, contract law, and applicable writing rules.
  • Do not infer amendment from marital conduct or use Serodio's lost-document rule to bypass formation requirements.

Questions for counsel

  • What evidence proves the alleged later change and its valid assent?
Justia reproduction of published New Hampshire Supreme Court opinionReviewed 2026-07-23Open cited source ↗
limitationsNew Hampshire other-jurisdiction effect ruleN.H. Rev. Stat. Ann. § 460:2-a · official guidance

New Hampshire courts give an antenuptial contract entered in another jurisdiction the same effect it would receive in that jurisdiction's courts.

Scoped statutory propositions

  • New Hampshire courts give an antenuptial contract entered in another jurisdiction the same effect it would receive in that jurisdiction's courts.
  • The statutory sentence requires actual foreign-law research and does not make the agreement enforceable merely because it names another law.

Questions for counsel

  • Where was the contract entered and what effect would that jurisdiction give it?
New Hampshire General CourtReviewed 2026-07-23Open cited source ↗
effective dateNew Hampshire 2023 statutory amendmentN.H. Rev. Stat. Ann. § 460:2-a; 2023 N.H. Laws ch. 4, § 1 · official guidance

The 2023 amendment made section 460:2-a gender neutral, effective June 25, 2023, without enacting a new uniform-act enforcement test.

Scoped statutory propositions

  • The 2023 amendment made section 460:2-a gender neutral, effective June 25, 2023, without enacting a new uniform-act enforcement test.
  • Do not invent new disclosure, counsel, or timing elements from the gender-neutral amendment.

Questions for counsel

  • Was the agreement executed before or after the 2023 wording change?
New Hampshire General CourtReviewed 2026-07-23Open cited source ↗
effective dateNew Hampshire statutory enactment historyN.H. Rev. Stat. Ann. § 460:2-a; 1981 N.H. Laws ch. 369, § 1 · official guidance

Section 460:2-a took effect August 22, 1981; older instruments require historical statutory and common-law research.

Scoped statutory propositions

  • Section 460:2-a took effect August 22, 1981; older instruments require historical statutory and common-law research.
  • The source history states the enactment date but does not resolve every retroactivity or conflicts question.

Questions for counsel

  • Was the agreement executed before the statutory effective date, and what law then governed?
New Hampshire General CourtReviewed 2026-07-23Open cited source ↗
propertyNew Hampshire probate enforcement applicationIn re Estate of Hollett, 150 N.H. 39 (2003) · case reporter

Hollett confirms that a premarital agreement affecting death-time estate rights remains subject to the same heightened validity scrutiny in probate litigation.

Scoped statutory propositions

  • Hollett confirms that a premarital agreement affecting death-time estate rights remains subject to the same heightened validity scrutiny in probate litigation.
  • Probate remedies and election procedures require separate current Title LVI review; Hollett primarily resolved duress.

Questions for counsel

  • Does the agreement clearly reach the survivor right claimed, and was execution valid?
Justia reproduction of published New Hampshire Supreme Court opinionReviewed 2026-07-23Open cited source ↗
effective dateNew Hampshire common-law applicability boundaryMacFarlane v. Rich, 132 N.H. 608 (1989); N.H. Rev. Stat. Ann. § 460:2-a · case reporter

New Hampshire has not enacted a UPAA or UPMAA applicability schedule; execution date, statutory history, and then-current common law govern historical instruments.

Scoped statutory propositions

  • New Hampshire has not enacted a UPAA or UPMAA applicability schedule; execution date, statutory history, and then-current common law govern historical instruments.
  • The modern framework should not be projected backward without historical and conflicts analysis.

Questions for counsel

  • Which text and cases governed when the agreement and any later instrument were executed?
Justia reproduction of published New Hampshire Supreme Court opinionReviewed 2026-07-23Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the New Hampshire guide →View machine-readable package →
NJ

New Jersey

Version
nj-2026-07-22.3
Checked
2026-07-22
Effective through
2026-07-22
Resources
18
Research tier
section verified
Source health
current with manual checks

New Jersey Uniform Premarital and Pre-Civil Union Agreement Act, N.J. Stat. §§ 37:2-31–41, with exact formalities, the November 3, 1988 applicability line, civil-union amendments, the June 27, 2013 enforcement transition, and qualified published appellate decisions.

propertyformalitiesfinancial disclosurepermitted subjectschild supporteffective dateamendment revocationvoluntarinessindependent counseltimingvoid marriagespousal support
MaintenanceNext package review due 2026-10-2018 access checks · 3 later-authority searches
propertyNew Jersey statutory definitionsN.J. Stat. § 37:2-32 · statute

New Jersey defines a premarital or pre-civil-union agreement as one between prospective spouses or civil-union partners made in contemplation of and effective upon that relationship, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.

Scoped statutory propositions

  • New Jersey defines a premarital or pre-civil-union agreement as one between prospective spouses or civil-union partners made in contemplation of and effective upon that relationship, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.
  • Section 37:2-32 was amended in 2006 for civil unions and in 2013 to remove the former statutory definition of unconscionability.

Questions for counsel

  • Does the document and disputed interest fit the statutory definitions?
New Jersey LegislatureReviewed 2026-07-22Open cited source ↗
formalitiesNew Jersey writing, annexed-assets, and signature requirementsN.J. Stat. § 37:2-33 · statute

A New Jersey premarital or pre-civil-union agreement must be in writing, have a statement of assets annexed, and be signed by both parties; it is enforceable without consideration.

Scoped statutory propositions

  • A New Jersey premarital or pre-civil-union agreement must be in writing, have a statement of assets annexed, and be signed by both parties; it is enforceable without consideration.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Does the executed agreement include the required annexed asset statement and both signatures?
New Jersey LegislatureReviewed 2026-07-22Open cited source ↗
financial disclosureNew Jersey annexed asset-statement requirementN.J. Stat. § 37:2-33 · statute

New Jersey's formality section expressly requires a statement of assets to be annexed to the agreement, independently of the current enforcement section's full-and-fair-disclosure analysis.

Scoped statutory propositions

  • New Jersey's formality section expressly requires a statement of assets to be annexed to the agreement, independently of the current enforcement section's full-and-fair-disclosure analysis.
  • Counsel should separately analyze statutory formality, disclosure adequacy, waiver, knowledge, and causation; this record does not treat them as interchangeable.

Questions for counsel

  • Is the asset statement physically and evidentially part of the executed agreement?
New Jersey LegislatureReviewed 2026-07-22Open cited source ↗
permitted subjectsNew Jersey permitted agreement subjectsN.J. Stat. § 37:2-34 · statute

Permitted subjects include property rights and management, disposition, modification or elimination of support, estate planning, life-insurance benefits, choice of law, and other lawful personal rights and obligations.

Scoped statutory propositions

  • Permitted subjects include property rights and management, disposition, modification or elimination of support, estate planning, life-insurance benefits, choice of law, and other lawful personal rights and obligations.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Does each material clause fit a permitted and lawful subject?
New Jersey LegislatureReviewed 2026-07-22Open cited source ↗
child supportNew Jersey child-support limitationN.J. Stat. § 37:2-35 · statute

A New Jersey premarital or pre-civil-union agreement may not adversely affect a child's right to support.

Scoped statutory propositions

  • A New Jersey premarital or pre-civil-union agreement may not adversely affect a child's right to support.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Does any provision purport to adversely affect a child's support right?
New Jersey LegislatureReviewed 2026-07-22Open cited source ↗
effective dateNew Jersey effect of marriage or civil unionN.J. Stat. § 37:2-36 · statute

The agreement becomes effective upon marriage or establishment of the civil union.

Scoped statutory propositions

  • The agreement becomes effective upon marriage or establishment of the civil union.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Did the contemplated relationship occur, and when did the agreement become effective?
New Jersey LegislatureReviewed 2026-07-22Open cited source ↗
amendment revocationNew Jersey amendment and revocation formalitiesN.J. Stat. § 37:2-37 · statute

After marriage or civil union, amendment or revocation requires a written agreement signed by both parties and is enforceable without consideration.

Scoped statutory propositions

  • After marriage or civil union, amendment or revocation requires a written agreement signed by both parties and is enforceable without consideration.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Is every claimed post-relationship change supported by the required signed writing?
New Jersey LegislatureReviewed 2026-07-22Open cited source ↗
voluntarinessNew Jersey clear-and-convincing enforcement frameworkN.J. Stat. § 37:2-38(a), (c)–(d); P.L.2013, c.72, § 2 · statute

The challenger bears the burden to prove by clear and convincing evidence either involuntary execution or execution-time unconscionability tied to the circumstances listed in subsection c; the court decides unconscionability as a matter of law.

Scoped statutory propositions

  • The challenger bears the burden to prove by clear and convincing evidence either involuntary execution or execution-time unconscionability tied to the circumstances listed in subsection c; the court decides unconscionability as a matter of law.
  • The current framework applies only under the 2013 transition rule; counsel must use the statutory version governing the agreement date.

Questions for counsel

  • What evidence meets the burden for the asserted current statutory ground?
New Jersey LegislatureReviewed 2026-07-22Open cited source ↗
financial disclosureNew Jersey disclosure, waiver, and knowledge circumstancesN.J. Stat. § 37:2-38(c)(1)–(3) · statute

The current unconscionability inquiry lists absence of full and fair disclosure, absence of a voluntary express written waiver of further disclosure, and absence of actual or reasonably available adequate knowledge among its execution-time circumstances.

Scoped statutory propositions

  • The current unconscionability inquiry lists absence of full and fair disclosure, absence of a voluntary express written waiver of further disclosure, and absence of actual or reasonably available adequate knowledge among its execution-time circumstances.
  • The statutory text uses an 'or' before paragraph (4); this package preserves the listed circumstances without converting them into a different conjunctive or disjunctive test.

Questions for counsel

  • Which listed disclosure, waiver, and knowledge circumstances are supported by the execution record?
New Jersey LegislatureReviewed 2026-07-22Open cited source ↗
independent counselNew Jersey independent-counsel or written-waiver circumstanceN.J. Stat. § 37:2-38(c)(4) · statute

The current unconscionability inquiry lists failure to consult independent counsel together with failure voluntarily and expressly to waive, in writing, the opportunity to consult independent counsel.

Scoped statutory propositions

  • The current unconscionability inquiry lists failure to consult independent counsel together with failure voluntarily and expressly to waive, in writing, the opportunity to consult independent counsel.
  • The record must distinguish actual consultation from a waiver of the opportunity to consult; application remains tied to unconscionability and the 2013 transition rule.

Questions for counsel

  • Was there independent consultation or a voluntary express written waiver satisfying the applicable statutory version?
New Jersey LegislatureReviewed 2026-07-22Open cited source ↗
timingNew Jersey timing-rule boundaryN.J. Stat. § 37:2-38(a), (c) · statute

New Jersey's Act sets no fixed minimum number of days before the ceremony; chronology may still be evidence relevant to involuntary execution and the execution-time circumstances in section 37:2-38.

Scoped statutory propositions

  • New Jersey's Act sets no fixed minimum number of days before the ceremony; chronology may still be evidence relevant to involuntary execution and the execution-time circumstances in section 37:2-38.
  • Absence of a statutory waiting period is not a safe harbor; licensed counsel must assess the complete voluntariness record.

Questions for counsel

  • What does the full draft, negotiation, advice, and signing chronology show?
New Jersey LegislatureReviewed 2026-07-22Open cited source ↗
void marriageNew Jersey void-relationship ruleN.J. Stat. § 37:2-39 · statute

If a marriage or civil union is void, an otherwise qualifying agreement is enforceable only to the extent necessary to avoid an inequitable result.

Scoped statutory propositions

  • If a marriage or civil union is void, an otherwise qualifying agreement is enforceable only to the extent necessary to avoid an inequitable result.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • How could disputed relationship validity affect available relief?
New Jersey LegislatureReviewed 2026-07-22Open cited source ↗
effective dateNew Jersey 1988 Act applicabilityN.J. Stat. § 37:2-41; P.L.1988, c.99 · statute

The statutory Act applies to premarital agreements executed on or after November 3, 1988; earlier agreements require New Jersey common-law analysis.

Scoped statutory propositions

  • The statutory Act applies to premarital agreements executed on or after November 3, 1988; earlier agreements require New Jersey common-law analysis.
  • Section 37:2-41 states the prospective rule; appellate decisions identify November 3, 1988 as the effective-date line.

Questions for counsel

  • Was the agreement executed before or after November 3, 1988, and which legal regime applies?
New Jersey LegislatureReviewed 2026-07-22Open cited source ↗
effective dateNew Jersey civil-union amendment historyP.L.2006, c.103, §§ 26–36 · statute

New Jersey's 2006 civil-union enactment amended sections 37:2-31 through 37:2-41 to cover pre-civil-union agreements prospectively from that enactment's effective date.

Scoped statutory propositions

  • New Jersey's 2006 civil-union enactment amended sections 37:2-31 through 37:2-41 to cover pre-civil-union agreements prospectively from that enactment's effective date.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Does a civil-union agreement require the 2006 transition and historical text?
New Jersey LegislatureReviewed 2026-07-22Open cited source ↗
effective dateNew Jersey 2013 enforcement transitionP.L.2013, c.72, §§ 1–3 · statute

The 2013 amendments took effect June 27, 2013 and apply to agreements entered on or after that date and to earlier agreements voluntarily revised on or after that date under section 37:2-37.

Scoped statutory propositions

  • The 2013 amendments took effect June 27, 2013 and apply to agreements entered on or after that date and to earlier agreements voluntarily revised on or after that date under section 37:2-37.
  • The amendment removed the former enforcement-time unconscionability branch and changed the statutory definition and enforcement framework; it should not be applied retroactively outside section 3.

Questions for counsel

  • Does the original execution or a later voluntary revision place the agreement under the 2013 framework?
New Jersey LegislatureReviewed 2026-07-22Open cited source ↗
financial disclosureNew Jersey disclosure and equity limitationIn re Estate of Shinn, 394 N.J. Super. 55, 925 A.2d 88 (App. Div. 2007) · case reporter

Shinn held that equitable estoppel could not override statutory unenforceability where a premarital elective-share waiver lacked full disclosure or an adequate waiver of disclosure.

Scoped statutory propositions

  • Shinn held that equitable estoppel could not override statutory unenforceability where a premarital elective-share waiver lacked full disclosure or an adequate waiver of disclosure.
  • Shinn applied the pre-2013 version of section 37:2-38 in an estate context; its equity-follows-law holding is important, but current section 37:2-38 and other applicable probate rules must be analyzed separately.

Questions for counsel

  • Does the agreement satisfy the governing statutory disclosure rules without resort to an inconsistent equitable remedy?
Justia reproduction of published New Jersey Appellate Division opinionReviewed 2026-07-22Open cited source ↗
propertyNew Jersey premarital-scope boundarySteele v. McDonnell, 467 N.J. Super. 414, 255 A.3d 229 (App. Div. 2021), certif. denied, 248 N.J. 235 (2021) · case reporter

Steele held that an agreement executed months after marriage was not a statutory premarital agreement and explained that mid-marriage agreements are generally scrutinized as inherently coercive under different doctrine.

Scoped statutory propositions

  • Steele held that an agreement executed months after marriage was not a statutory premarital agreement and explained that mid-marriage agreements are generally scrutinized as inherently coercive under different doctrine.
  • Steele is a scope decision, not a ruling that every post-marriage document is automatically void; the agreement type and governing doctrine require counsel analysis.

Questions for counsel

  • Was the agreement actually made by prospective spouses to become effective upon marriage?
Justia reproduction of published New Jersey Appellate Division opinionReviewed 2026-07-22Open cited source ↗
spousal supportNew Jersey statutory-version analysisSteele v. McDonnell, 467 N.J. Super. 414, 440–42, 255 A.3d 229 (App. Div. 2021) · case reporter

Steele explains that the 2013 Act would not govern a 1992 agreement and contrasts the 1988 version's separate enforcement-time unconscionability inquiry with the 2013 execution-time framework.

Scoped statutory propositions

  • Steele explains that the 2013 Act would not govern a 1992 agreement and contrasts the 1988 version's separate enforcement-time unconscionability inquiry with the 2013 execution-time framework.
  • The comparison appears in the court's alternative analysis because Steele first held the post-marriage document was not a premarital agreement.

Questions for counsel

  • Which statutory version governs, and how does its unconscionability inquiry differ?
Justia reproduction of published New Jersey Appellate Division opinionReviewed 2026-07-22Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the New Jersey guide →View machine-readable package →
NM

New Mexico

Version
nm-2026-07-22.3
Checked
2026-07-22
Effective through
2026-07-22
Resources
21
Research tier
section verified
Source health
current with manual checks

New Mexico Uniform Premarital Agreement Act, N.M. Stat. §§ 40-3A-1–10, with exact current codified sections, official-publisher routing, the July 1, 1995 applicability line, and qualified published Court of Appeals decisions.

propertyformalitiesacknowledgmentpermitted subjectschild supportspousal supporteffective dateamendment revocationvoluntarinessfinancial disclosuretimingvoid marriagelimitationsindependent counsel
MaintenanceNext package review due 2026-10-2020 access checks · 3 later-authority searches
propertyNew Mexico statutory definitionsN.M. Stat. § 40-3A-2 · statute

New Mexico defines a premarital agreement as one between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.

Scoped statutory propositions

  • New Mexico defines a premarital agreement as one between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Does the document and disputed interest fit the statutory definitions?
Justia reproduction of 2025 New Mexico StatutesReviewed 2026-07-22Open cited source ↗
formalitiesNew Mexico writing, signature, and acknowledgment requirementsN.M. Stat. § 40-3A-3 · statute

A New Mexico premarital agreement must be in writing, signed by both parties, and acknowledged; it is enforceable without consideration.

Scoped statutory propositions

  • A New Mexico premarital agreement must be in writing, signed by both parties, and acknowledged; it is enforceable without consideration.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Is the complete agreement written, signed by both parties, and properly acknowledged?
Justia reproduction of 2025 New Mexico StatutesReviewed 2026-07-22Open cited source ↗
acknowledgmentNew Mexico acknowledgment requirementN.M. Stat. § 40-3A-3 · statute

New Mexico adds acknowledgment to the writing and signature formalities, so the execution file should preserve the notarial or other legally sufficient acknowledgment evidence.

Scoped statutory propositions

  • New Mexico adds acknowledgment to the writing and signature formalities, so the execution file should preserve the notarial or other legally sufficient acknowledgment evidence.
  • The statute says acknowledged but does not itself resolve every defect, cure, or evidentiary question under current New Mexico notarial law.

Questions for counsel

  • What admissible evidence proves a legally sufficient acknowledgment for each party?
Justia reproduction of 2025 New Mexico StatutesReviewed 2026-07-22Open cited source ↗
permitted subjectsNew Mexico permitted agreement subjectsN.M. Stat. § 40-3A-4(A) · statute

Permitted subjects include property rights and management, disposition, estate planning, life-insurance benefits, choice of law, and other matters not against public policy.

Scoped statutory propositions

  • Permitted subjects include property rights and management, disposition, estate planning, life-insurance benefits, choice of law, and other matters not against public policy.
  • Unlike the model UPAA list used in many states, New Mexico does not expressly list modification or elimination of spousal support.

Questions for counsel

  • Does each material clause fit a permitted subject and avoid the subsection B restrictions?
Justia reproduction of 2025 New Mexico StatutesReviewed 2026-07-22Open cited source ↗
child supportNew Mexico child-support, custody, and visitation restrictionsN.M. Stat. § 40-3A-4(B) · statute

A New Mexico premarital agreement may not adversely affect a child's right to support or a party's right to child custody or visitation.

Scoped statutory propositions

  • A New Mexico premarital agreement may not adversely affect a child's right to support or a party's right to child custody or visitation.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Does any provision purport to adversely affect child support, custody, or visitation?
Justia reproduction of 2025 New Mexico StatutesReviewed 2026-07-22Open cited source ↗
spousal supportNew Mexico spousal-support restrictionN.M. Stat. § 40-3A-4(B) · statute

A New Mexico premarital agreement may not adversely affect a spouse's right to support.

Scoped statutory propositions

  • A New Mexico premarital agreement may not adversely affect a spouse's right to support.
  • New Mexico's statutory restriction differs materially from states that expressly permit modification or elimination of spousal support.

Questions for counsel

  • Could the clause adversely affect a spouse's support right under section 40-3A-4(B) and Rivera?
Justia reproduction of 2025 New Mexico StatutesReviewed 2026-07-22Open cited source ↗
permitted subjectsNew Mexico abode and career restrictionsN.M. Stat. § 40-3A-4(B) · statute

A New Mexico premarital agreement may not adversely affect a party's choice of abode or freedom to pursue career opportunities.

Scoped statutory propositions

  • A New Mexico premarital agreement may not adversely affect a party's choice of abode or freedom to pursue career opportunities.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Does any personal-rights clause adversely affect abode choice or career freedom?
Justia reproduction of 2025 New Mexico StatutesReviewed 2026-07-22Open cited source ↗
effective dateNew Mexico effect of marriageN.M. Stat. § 40-3A-5 · statute

A New Mexico premarital agreement becomes effective upon marriage.

Scoped statutory propositions

  • A New Mexico premarital agreement becomes effective upon marriage.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Did the contemplated marriage occur, and when did the agreement become effective?
Justia reproduction of 2025 New Mexico StatutesReviewed 2026-07-22Open cited source ↗
amendment revocationNew Mexico amendment and revocation methodsN.M. Stat. § 40-3A-6 · statute

After marriage, amendment or revocation may occur through a written agreement signed and acknowledged by both parties or through a consistent and mutual course of conduct evidencing amendment or revocation; no consideration is required.

Scoped statutory propositions

  • After marriage, amendment or revocation may occur through a written agreement signed and acknowledged by both parties or through a consistent and mutual course of conduct evidencing amendment or revocation; no consideration is required.
  • New Mexico's course-of-conduct alternative materially differs from the writing-only rule in many UPAA states.

Questions for counsel

  • Does the evidence establish either the formal writing route or a consistent and mutual course of conduct?
Justia reproduction of 2025 New Mexico StatutesReviewed 2026-07-22Open cited source ↗
voluntarinessNew Mexico voluntary-execution safeguardN.M. Stat. § 40-3A-7(A)(1) · statute

The party resisting enforcement may prove that the agreement was not executed voluntarily as an alternative to the statute's execution-time unconscionability-and-disclosure branch.

Scoped statutory propositions

  • The party resisting enforcement may prove that the agreement was not executed voluntarily as an alternative to the statute's execution-time unconscionability-and-disclosure branch.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • What admissible evidence bears on voluntary execution under section 40-3A-7 and Rivera?
Justia reproduction of 2025 New Mexico StatutesReviewed 2026-07-22Open cited source ↗
financial disclosureNew Mexico unconscionability and disclosure safeguardN.M. Stat. § 40-3A-7(A)(2) · statute

New Mexico's execution-time unconscionability branch also requires no fair and reasonable disclosure, no voluntary express written waiver of further disclosure, and no actual or reasonably available adequate knowledge of the other party's property or financial obligations.

Scoped statutory propositions

  • New Mexico's execution-time unconscionability branch also requires no fair and reasonable disclosure, no voluntary express written waiver of further disclosure, and no actual or reasonably available adequate knowledge of the other party's property or financial obligations.
  • The three disclosure conditions are conjunctive, while involuntariness is a separate alternative ground.

Questions for counsel

  • What evidence addresses every component of section 40-3A-7(A)(2)?
Justia reproduction of 2025 New Mexico StatutesReviewed 2026-07-22Open cited source ↗
voluntarinessNew Mexico judicial determination of voluntariness and unconscionabilityN.M. Stat. § 40-3A-7(B) · statute

New Mexico directs the court to decide both voluntariness and unconscionability as matters of law.

Scoped statutory propositions

  • New Mexico directs the court to decide both voluntariness and unconscionability as matters of law.
  • Rivera applies de novo review to the ultimate legal questions while respecting supported underlying fact findings.

Questions for counsel

  • Which underlying facts are established, and how should the court apply the legal standards?
Justia reproduction of 2025 New Mexico StatutesReviewed 2026-07-22Open cited source ↗
timingNew Mexico timing-rule boundaryN.M. Stat. § 40-3A-7 · statute

New Mexico's Act sets no fixed minimum number of days before the wedding; chronology may still be evidence relevant to the judicial voluntariness determination.

Scoped statutory propositions

  • New Mexico's Act sets no fixed minimum number of days before the wedding; chronology may still be evidence relevant to the judicial voluntariness determination.
  • Absence of a statutory waiting period is not a safe harbor; current New Mexico counsel must assess the full record.

Questions for counsel

  • What does the full draft, negotiation, advice, acknowledgment, and signing chronology show?
Justia reproduction of 2025 New Mexico StatutesReviewed 2026-07-22Open cited source ↗
void marriageNew Mexico void-marriage ruleN.M. Stat. § 40-3A-8 · statute

If a marriage is void, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

Scoped statutory propositions

  • If a marriage is void, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • How could disputed marriage validity affect available relief?
Justia reproduction of 2025 New Mexico StatutesReviewed 2026-07-22Open cited source ↗
limitationsNew Mexico limitation-of-actions ruleN.M. Stat. § 40-3A-9 · statute

An applicable limitations period for relief under a premarital agreement is tolled during marriage, while equitable time defenses including laches and estoppel remain available.

Scoped statutory propositions

  • An applicable limitations period for relief under a premarital agreement is tolled during marriage, while equitable time defenses including laches and estoppel remain available.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • How do statutory tolling and equitable defenses affect the claim timeline?
Justia reproduction of 2025 New Mexico StatutesReviewed 2026-07-22Open cited source ↗
limitationsNew Mexico uniformity and severability historyN.M. Stat. §§ 40-3A-1, -10; Laws 1995, ch. 61, §§ 1, 10–11 · statute

New Mexico designates sections 40-3A-1 through 40-3A-10 as the Uniform Premarital Agreement Act, directs uniform construction, and made the 1995 enactment severable.

Scoped statutory propositions

  • New Mexico designates sections 40-3A-1 through 40-3A-10 as the Uniform Premarital Agreement Act, directs uniform construction, and made the 1995 enactment severable.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Do historical text, uniform construction, or severability affect the disputed provision?
Justia reproduction of 2025 New Mexico StatutesReviewed 2026-07-22Open cited source ↗
effective dateNew Mexico enactment and applicability historyLaws 1995, ch. 61; N.M. Stat. §§ 40-3A-1–10 · statute

The New Mexico Act took effect July 1, 1995 and applies to premarital agreements executed on or after that date; earlier agreements require historical common-law analysis.

Scoped statutory propositions

  • The New Mexico Act took effect July 1, 1995 and applies to premarital agreements executed on or after that date; earlier agreements require historical common-law analysis.
  • The current codification traces each section to Laws 1995, chapter 61; licensed counsel must verify the transition note in the official master database.

Questions for counsel

  • Was the agreement executed before or after July 1, 1995, and which legal regime applies?
Justia reproduction of 2025 New Mexico Statutes and codification historyReviewed 2026-07-22Open cited source ↗
limitationsNew Mexico official statutory publisher gatewayN.M. Stat. §§ 40-3A-1–10 (official master database) · statute

The New Mexico Compilation Commission is the official legal publisher and routes current NMSA research to the NMOneSource master database.

Scoped statutory propositions

  • The New Mexico Compilation Commission is the official legal publisher and routes current NMSA research to the NMOneSource master database.
  • Stable deep links are not publicly dependable, so this record preserves the official verification route while the section records use public 2025 statutory reproductions.

Questions for counsel

  • Has licensed New Mexico counsel checked every cited section and annotation in the current official master database?
New Mexico Compilation Commission, official legal publisherReviewed 2026-07-22Open cited source ↗
spousal supportNew Mexico support restriction and severability decisionRivera v. Rivera, 2010-NMCA-106, 149 N.M. 66, 243 P.3d 1148, cert. denied, 2010-NMCERT-010 · case reporter

Rivera held the agreement's support-waiver provisions violated section 40-3A-4(B) and were contrary to public policy; because the agreement lacked a severability clause and no severance argument was preserved, the court treated the whole bargain as unconscionable on that record.

Scoped statutory propositions

  • Rivera held the agreement's support-waiver provisions violated section 40-3A-4(B) and were contrary to public policy; because the agreement lacked a severability clause and no severance argument was preserved, the court treated the whole bargain as unconscionable on that record.
  • Rivera's whole-agreement result depended on the text and arguments before the court; it does not establish that every prohibited clause always invalidates every other provision.

Questions for counsel

  • Does the agreement adversely affect support, and can any invalid term be severed under the agreement and current law?
Justia reproduction of published New Mexico Court of Appeals opinionReviewed 2026-07-22Open cited source ↗
financial disclosureNew Mexico legal-question and disclosure analysisRivera v. Rivera, 2010-NMCA-106, ¶¶ 16–27, 149 N.M. 66, 243 P.3d 1148 · case reporter

Rivera applies section 40-3A-7(B) by treating voluntariness and unconscionability as legal questions subject to de novo review and recognized undisputed absence of disclosure, written waiver, and adequate knowledge on its record.

Scoped statutory propositions

  • Rivera applies section 40-3A-7(B) by treating voluntariness and unconscionability as legal questions subject to de novo review and recognized undisputed absence of disclosure, written waiver, and adequate knowledge on its record.
  • Rivera did not need to decide the disputed voluntariness issue after its support and unconscionability analysis resolved the appeal.

Questions for counsel

  • What underlying execution facts are established for each statutory disclosure condition?
Justia reproduction of published New Mexico Court of Appeals opinionReviewed 2026-07-22Open cited source ↗
independent counselNew Mexico pre-Act counsel and timing authorityLebeck v. Lebeck, 118 N.M. 367, 881 P.2d 727 (Ct. App. 1994) · case reporter

Lebeck upheld a pre-Act agreement where the record showed disclosure with asset values, advice from counsel of the signing party's choice, explanation of rights, and voluntary execution; it also held that presentation some days before the wedding and conditioning marriage on an agreement did not alone prove duress.

Scoped statutory propositions

  • Lebeck upheld a pre-Act agreement where the record showed disclosure with asset values, advice from counsel of the signing party's choice, explanation of rights, and voluntary execution; it also held that presentation some days before the wedding and conditioning marriage on an agreement did not alone prove duress.
  • Lebeck predates the Act and is historical only. Its support-waiver analysis is superseded by section 40-3A-4(B) and Rivera and must not be used as current support law.

Questions for counsel

  • How does the counsel, disclosure, and timing record compare, and does the 1995 Act instead govern?
Justia reproduction of published New Mexico Court of Appeals opinionReviewed 2026-07-22Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the New Mexico guide →View machine-readable package →
NY

New York

Version
ny-2026-07-18.3
Checked
2026-07-18
Effective through
2026-01-23 revision
Resources
5
Research tier
section verified
Source health
current with manual checks

New York Domestic Relations Law sections 236(B)(1), 236(B)(3), and 240: execution and acknowledgment, property, maintenance, and child-related provisions.

acknowledgmentpermitted subjectsspousal supportchild supportproperty
MaintenanceNext package review due 2026-10-165 access checks · 0 later-authority searches
acknowledgmentNew York writing, subscription, and acknowledgmentN.Y. Dom. Rel. Law § 236(B)(3) · statute

An agreement made before or during marriage must be written, subscribed, and acknowledged or proven in the manner required for a deed to be recorded.

Scoped statutory propositions

  • An agreement made before or during marriage must be written, subscribed, and acknowledged or proven in the manner required for a deed to be recorded.
  • A premarital acknowledgment may be taken by a person authorized under the identified marriage-solemnization provisions.

Questions for counsel

  • Does each signature have the acknowledgment required for a deed to be recorded?
  • Are the acknowledgment certificates complete and properly executed?
New York State Senate Open LegislationReviewed 2026-07-18Open cited source ↗
permitted subjectsNew York property and testamentary subjectsN.Y. Dom. Rel. Law § 236(B)(3)(1)–(2) · statute

The statute identifies testamentary provisions and separate/marital property ownership, division, or distribution as agreement subjects.

Scoped statutory propositions

  • The statute identifies testamentary provisions and separate/marital property ownership, division, or distribution as agreement subjects.
  • An agreement may include a waiver of a right to elect against a will.

Questions for counsel

  • Which provisions require corresponding wills, trusts, beneficiary designations, or title changes?
New York State Senate Open LegislationReviewed 2026-07-18Open cited source ↗
spousal supportNew York maintenance provisionsN.Y. Dom. Rel. Law § 236(B)(3)(3) · statute

Maintenance terms are subject to statutory cross-references and fairness/reasonableness and unconscionability language.

Scoped statutory propositions

  • Maintenance terms are subject to statutory cross-references and fairness/reasonableness and unconscionability language.
  • The text requires covered terms to be fair and reasonable when made and not unconscionable at final judgment.

Questions for counsel

  • What facts support the maintenance provision being fair and reasonable when made?
  • How could circumstances at final judgment affect review of the term?
New York State Senate Open LegislationReviewed 2026-07-18Open cited source ↗
child supportNew York child-related agreement termsN.Y. Dom. Rel. Law § 236(B)(3)(4); § 240 · statute

Child custody, care, education, and maintenance terms remain subject to section 240 and court review.

Scoped statutory propositions

  • Child custody, care, education, and maintenance terms remain subject to section 240 and court review.
  • Section 240 directs courts to consider the child's best interests and retains court discretion over child support.

Questions for counsel

  • How do section 240 and the Child Support Standards Act affect this child-related language?
New York State Senate Open LegislationReviewed 2026-07-18Open cited source ↗
propertyNew York marital and separate property baselineN.Y. Dom. Rel. Law § 236(B)(1)(c)–(d) · statute

The statute defines marital and separate property and recognizes property designated separate by a section 236(B)(3) agreement.

Scoped statutory propositions

  • The statute defines marital and separate property and recognizes property designated separate by a section 236(B)(3) agreement.
  • Appreciation in separate property can be treated differently to the extent attributable to the other spouse's contributions or efforts.

Questions for counsel

  • How does the draft treat appreciation caused by either party's labor or contributions?
New York State Senate Open LegislationReviewed 2026-07-18Open cited source ↗
Package limitations
  • New York premarital-agreement doctrine materially depends on case law; this package intentionally does not convert that doctrine into automated conclusions.
  • Attorney review is optional and can add a professional opinion; it is not a prerequisite for using this source-bound research package.
Read the New York guide →View machine-readable package →
NC

North Carolina

Version
nc-2026-07-22.3
Checked
2026-07-22
Effective through
2026-07-22
Resources
17
Research tier
section verified
Source health
current with manual checks

North Carolina Uniform Premarital Agreement Act, N.C. Gen. Stat. ch. 52B, with exact sections current through S.L. 2026-7, the July 1, 1987 applicability line, and qualified published Court of Appeals decisions.

propertyformalitiespermitted subjectschild supporteffective dateamendment revocationvoluntarinessfinancial disclosurepublic assistancespousal supportvoid marriagelimitationstimingindependent counsel
MaintenanceNext package review due 2026-10-2017 access checks · 4 later-authority searches
propertyNorth Carolina statutory definitionsN.C. Gen. Stat. § 52B-2 · statute

North Carolina defines a premarital agreement as one between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.

Scoped statutory propositions

  • North Carolina defines a premarital agreement as one between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Does the document and disputed interest fit the statutory definitions?
North Carolina General AssemblyReviewed 2026-07-22Open cited source ↗
formalitiesNorth Carolina writing and signature requirementsN.C. Gen. Stat. § 52B-3 · statute

A North Carolina premarital agreement must be in writing and signed by both parties and is enforceable without consideration.

Scoped statutory propositions

  • A North Carolina premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Is the complete agreement, including every incorporated schedule, written and signed by both parties?
North Carolina General AssemblyReviewed 2026-07-22Open cited source ↗
permitted subjectsNorth Carolina permitted agreement subjectsN.C. Gen. Stat. § 52B-4(a) · statute

Permitted subjects include property rights and management, disposition, modification or elimination of spousal support, estate planning, life-insurance benefits, choice of law, and other lawful personal rights and obligations.

Scoped statutory propositions

  • Permitted subjects include property rights and management, disposition, modification or elimination of spousal support, estate planning, life-insurance benefits, choice of law, and other lawful personal rights and obligations.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Does each material clause fit a permitted and lawful subject?
North Carolina General AssemblyReviewed 2026-07-22Open cited source ↗
child supportNorth Carolina child-support limitationN.C. Gen. Stat. § 52B-4(b) · statute

A North Carolina premarital agreement may not adversely affect a child's right to support.

Scoped statutory propositions

  • A North Carolina premarital agreement may not adversely affect a child's right to support.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Does any provision purport to adversely affect a child's support right?
North Carolina General AssemblyReviewed 2026-07-22Open cited source ↗
effective dateNorth Carolina effect of marriageN.C. Gen. Stat. § 52B-5 · statute

A North Carolina premarital agreement becomes effective upon marriage.

Scoped statutory propositions

  • A North Carolina premarital agreement becomes effective upon marriage.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Did the contemplated marriage occur, and when did the agreement become effective?
North Carolina General AssemblyReviewed 2026-07-22Open cited source ↗
amendment revocationNorth Carolina amendment and revocation formalitiesN.C. Gen. Stat. § 52B-6 · statute

After marriage, amendment or revocation requires a written agreement signed by the parties and is enforceable without consideration.

Scoped statutory propositions

  • After marriage, amendment or revocation requires a written agreement signed by the parties and is enforceable without consideration.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Is every claimed post-marriage change supported by the required signed writing?
North Carolina General AssemblyReviewed 2026-07-22Open cited source ↗
voluntarinessNorth Carolina voluntary-execution safeguardN.C. Gen. Stat. § 52B-7(a)(1) · statute

The party resisting enforcement may prove that the agreement was not executed voluntarily as an alternative to the statute's execution-time unconscionability-and-disclosure branch.

Scoped statutory propositions

  • The party resisting enforcement may prove that the agreement was not executed voluntarily as an alternative to the statute's execution-time unconscionability-and-disclosure branch.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • What admissible evidence bears on voluntary execution under section 52B-7 and current North Carolina decisions?
North Carolina General AssemblyReviewed 2026-07-22Open cited source ↗
financial disclosureNorth Carolina unconscionability and disclosure safeguardN.C. Gen. Stat. § 52B-7(a)(2) · statute

North Carolina's execution-time unconscionability branch also requires no fair and reasonable disclosure, no voluntary express written waiver of further disclosure, and no actual or reasonably available adequate knowledge of the other party's property or financial obligations.

Scoped statutory propositions

  • North Carolina's execution-time unconscionability branch also requires no fair and reasonable disclosure, no voluntary express written waiver of further disclosure, and no actual or reasonably available adequate knowledge of the other party's property or financial obligations.
  • The three disclosure conditions are conjunctive, while involuntariness is a separate alternative ground.

Questions for counsel

  • What evidence addresses every component of section 52B-7(a)(2)?
North Carolina General AssemblyReviewed 2026-07-22Open cited source ↗
public assistanceNorth Carolina public-assistance support safeguardN.C. Gen. Stat. § 52B-7(b) · statute

If a support modification or elimination causes public-assistance eligibility at separation or dissolution, a court may order support only to the extent necessary to avoid that eligibility and only after making the dependent-spouse and statutory support findings specified in section 52B-7(b).

Scoped statutory propositions

  • If a support modification or elimination causes public-assistance eligibility at separation or dissolution, a court may order support only to the extent necessary to avoid that eligibility and only after making the dependent-spouse and statutory support findings specified in section 52B-7(b).
  • The current cross-references reflect the 1995 and 1997 amendments; this is not a general power to rewrite an unfavorable support term.

Questions for counsel

  • Could the support term trigger the limited safeguard, and can every required predicate finding be made?
North Carolina General AssemblyReviewed 2026-07-22Open cited source ↗
spousal supportNorth Carolina judicial unconscionability determinationN.C. Gen. Stat. § 52B-7(a)(2), (c) · statute

The court decides execution-time unconscionability as a matter of law, while the public-assistance support safeguard remains separately available.

Scoped statutory propositions

  • The court decides execution-time unconscionability as a matter of law, while the public-assistance support safeguard remains separately available.
  • Unconscionability must be analyzed with the conjunctive disclosure conditions in subsection (a)(2).

Questions for counsel

  • What execution-time evidence and support consequences require judicial analysis?
North Carolina General AssemblyReviewed 2026-07-22Open cited source ↗
void marriageNorth Carolina void-marriage ruleN.C. Gen. Stat. § 52B-8 · statute

If a marriage is void, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

Scoped statutory propositions

  • If a marriage is void, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • How could disputed marriage validity affect available relief?
North Carolina General AssemblyReviewed 2026-07-22Open cited source ↗
limitationsNorth Carolina limitation-of-actions ruleN.C. Gen. Stat. § 52B-9 · statute

An applicable limitations period for relief under a premarital agreement is tolled during marriage, while equitable time defenses including laches and estoppel remain available.

Scoped statutory propositions

  • An applicable limitations period for relief under a premarital agreement is tolled during marriage, while equitable time defenses including laches and estoppel remain available.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • How do statutory tolling and equitable defenses affect the claim timeline?
North Carolina General AssemblyReviewed 2026-07-22Open cited source ↗
effective dateNorth Carolina enactment and applicability historyS.L. 1987-473, §§ 1, 3 · statute

North Carolina's Act became effective July 1, 1987 and applies to premarital agreements executed on or after that date; earlier agreements require historical common-law analysis.

Scoped statutory propositions

  • North Carolina's Act became effective July 1, 1987 and applies to premarital agreements executed on or after that date; earlier agreements require historical common-law analysis.
  • The current chapter includes changes through S.L. 2026-7; section 52B-7(b) also carries 1995 and 1997 amendment history.

Questions for counsel

  • Was the agreement executed before or after July 1, 1987, and which legal regime applies?
North Carolina General AssemblyReviewed 2026-07-22Open cited source ↗
timingNorth Carolina fact-specific timing and voluntariness decisionKornegay v. Robinson, 176 N.C. App. 19, 625 S.E.2d 805 (2006) · case reporter

Kornegay held that summary judgment was improper on voluntariness where the record included presentation en route to the wedding, a brief signing meeting, no explanation or reading, and disputed disclosure and knowledge facts.

Scoped statutory propositions

  • Kornegay held that summary judgment was improper on voluntariness where the record included presentation en route to the wedding, a brief signing meeting, no explanation or reading, and disputed disclosure and knowledge facts.
  • Kornegay establishes no fixed waiting period and does not make any single timing fact automatically dispositive.

Questions for counsel

  • How does the complete draft, negotiation, explanation, and signing chronology compare with Kornegay?
Justia reproduction of published North Carolina Court of Appeals opinionReviewed 2026-07-22Open cited source ↗
independent counselNorth Carolina counsel and disclosure factorsKornegay v. Robinson, 176 N.C. App. 19, 625 S.E.2d 805 (2006) · case reporter

Kornegay treated the absence of independent counsel, the party's education and experience, the opportunity to understand the agreement, and financial disclosure or knowledge as relevant to the disputed voluntariness record.

Scoped statutory propositions

  • Kornegay treated the absence of independent counsel, the party's education and experience, the opportunity to understand the agreement, and financial disclosure or knowledge as relevant to the disputed voluntariness record.
  • The decision does not create a categorical statutory requirement of independent counsel; it reverses summary judgment on its disputed record.

Questions for counsel

  • What evidence shows a meaningful opportunity for independent advice and informed execution?
Justia reproduction of published North Carolina Court of Appeals opinionReviewed 2026-07-22Open cited source ↗
financial disclosureNorth Carolina procedural and substantive unconscionability analysisKornegay v. Robinson, 176 N.C. App. 19, 31–33, 625 S.E.2d 805 (2006) · case reporter

Kornegay found the reciprocal separate-property and support waivers before it were not substantively unconscionable and explained that North Carolina unconscionability analysis requires both substantive and procedural components.

Scoped statutory propositions

  • Kornegay found the reciprocal separate-property and support waivers before it were not substantively unconscionable and explained that North Carolina unconscionability analysis requires both substantive and procedural components.
  • The substantive result depended on that agreement and the parties' circumstances; it is not a safe harbor for other waivers.

Questions for counsel

  • Can both procedural and substantive components be established on the actual execution-time record?
Justia reproduction of published North Carolina Court of Appeals opinionReviewed 2026-07-22Open cited source ↗
amendment revocationNorth Carolina signed-writing amendment and revocation ruleHuntley v. Huntley, 140 N.C. App. 749, 538 S.E.2d 239 (2000) · case reporter

Huntley held section 52B-6 unambiguous: post-marriage conduct and discussions could not rescind a premarital agreement without the required signed writing, so the agreement remained valid and barred equitable distribution under its terms.

Scoped statutory propositions

  • Huntley held section 52B-6 unambiguous: post-marriage conduct and discussions could not rescind a premarital agreement without the required signed writing, so the agreement remained valid and barred equitable distribution under its terms.
  • Huntley construed the agreement and statute on its record; counsel must separately analyze waiver, estoppel, interpretation, and any later authority.

Questions for counsel

  • Is the claimed amendment or revocation embodied in a writing signed by both parties?
Justia reproduction of published North Carolina Court of Appeals opinionReviewed 2026-07-22Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the North Carolina guide →View machine-readable package →
ND

North Dakota

Version
nd-2026-07-22.3
Checked
2026-07-22
Effective through
2026-07-22
Resources
20
Research tier
section verified
Source health
current with manual checks

North Dakota Uniform Premarital and Marital Agreements Act, N.D.C.C. chapter 14-03.2, with current section-level rules, 2013 enactment and amendment history, and the North Dakota Supreme Court's 2024 Olson application.

formalitiespermitted subjectsamendment revocationlimitationseffective datevoid marriagevoluntarinessindependent counselfinancial disclosurepublic assistancechild support
MaintenanceNext package review due 2026-10-201 access checks · 1 later-authority searches
formalitiesNorth Dakota record and signature requirementsN.D.C.C. § 14-03.2-05 · statute

A North Dakota premarital or marital agreement must be in a record and signed by both parties and is enforceable without consideration.

Scoped statutory propositions

  • A North Dakota premarital or marital agreement must be in a record and signed by both parties and is enforceable without consideration.
  • The current codified text should control over superseded bill language; electronic records and signatures are defined in section 14-03.2-01.

Questions for counsel

  • Is the complete operative agreement in a retrievable record and signed by both parties?
North Dakota Legislative CouncilReviewed 2026-07-22Open cited source ↗
permitted subjectsNorth Dakota covered marital rights and obligationsN.D.C.C. § 14-03.2-01(2), (4)–(5) · statute

North Dakota defines premarital and marital agreements by reference to rights or obligations involving support, property, liabilities, separation or death, and attorney fees and costs.

Scoped statutory propositions

  • North Dakota defines premarital and marital agreements by reference to rights or obligations involving support, property, liabilities, separation or death, and attorney fees and costs.
  • The definitions describe statutory scope; section 14-03.2-09 separately makes specified terms unenforceable.

Questions for counsel

  • Which provisions modify a defined marital right or obligation, and which separate limits apply?
North Dakota Legislative CouncilReviewed 2026-07-22Open cited source ↗
amendment revocationNorth Dakota amendment classificationN.D.C.C. § 14-03.2-01(1)–(2), (5) · statute

North Dakota treats modification or revocation as an amendment and classifies an amendment signed before marriage with premarital agreements and one signed after marriage with marital agreements.

Scoped statutory propositions

  • North Dakota treats modification or revocation as an amendment and classifies an amendment signed before marriage with premarital agreements and one signed after marriage with marital agreements.
  • Formation and enforcement requirements continue to apply to the classified agreement.

Questions for counsel

  • Was the amendment signed before or after marriage, and which statutory classification follows?
North Dakota Legislative CouncilReviewed 2026-07-22Open cited source ↗
limitationsNorth Dakota act applicability and exclusionsN.D.C.C. § 14-03.2-02 · statute

Chapter 14-03.2 applies to premarital and marital agreements signed after July 31, 2013, preserves earlier rights and liabilities, and excludes specified court-approved and dissolution-proceeding agreements.

Scoped statutory propositions

  • Chapter 14-03.2 applies to premarital and marital agreements signed after July 31, 2013, preserves earlier rights and liabilities, and excludes specified court-approved and dissolution-proceeding agreements.
  • The section also protects qualifying bona fide purchasers for value.

Questions for counsel

  • When was the agreement signed, and does a statutory exclusion or third-party right apply?
North Dakota Legislative CouncilReviewed 2026-07-22Open cited source ↗
limitationsNorth Dakota governing-law ruleN.D.C.C. § 14-03.2-03 · statute

North Dakota generally follows a designated jurisdiction's law when it has a significant relationship and is not contrary to North Dakota fundamental public policy; otherwise North Dakota law, including its conflicts rules, applies.

Scoped statutory propositions

  • North Dakota generally follows a designated jurisdiction's law when it has a significant relationship and is not contrary to North Dakota fundamental public policy; otherwise North Dakota law, including its conflicts rules, applies.
  • Choice-of-law analysis is fact-dependent and cannot be resolved from the clause alone.

Questions for counsel

  • What relationship supports the selected law, and would a North Dakota fundamental policy limit it?
North Dakota Legislative CouncilReviewed 2026-07-22Open cited source ↗
limitationsNorth Dakota restriction on supplementationN.D.C.C. § 14-03.2-04 · statute

For an agreement executed under the chapter, North Dakota bars principles of law and equity from supplementing the agreement or altering a material term.

Scoped statutory propositions

  • For an agreement executed under the chapter, North Dakota bars principles of law and equity from supplementing the agreement or altering a material term.
  • Counsel should distinguish statutory enforcement defenses from impermissible supplementation or alteration.

Questions for counsel

  • Does the requested interpretation supplement or alter a material term rather than apply an express statutory rule?
North Dakota Legislative CouncilReviewed 2026-07-22Open cited source ↗
effective dateNorth Dakota agreement effectivenessN.D.C.C. § 14-03.2-06 · statute

A North Dakota premarital agreement is effective on marriage; a marital agreement is effective when both parties sign.

Scoped statutory propositions

  • A North Dakota premarital agreement is effective on marriage; a marital agreement is effective when both parties sign.
  • Document classification and both relevant dates should be captured.

Questions for counsel

  • How is the document classified, and when did it become effective under section 14-03.2-06?
North Dakota Legislative CouncilReviewed 2026-07-22Open cited source ↗
void marriageNorth Dakota void-marriage ruleN.D.C.C. § 14-03.2-07 · statute

If a marriage is void, a premarital or marital agreement is enforceable to the extent necessary to avoid an inequitable result.

Scoped statutory propositions

  • If a marriage is void, a premarital or marital agreement is enforceable to the extent necessary to avoid an inequitable result.
  • The provision does not predict the relief a court would find necessary.

Questions for counsel

  • If marriage validity is disputed, what relief could section 14-03.2-07 permit?
North Dakota Legislative CouncilReviewed 2026-07-22Open cited source ↗
voluntarinessNorth Dakota voluntary-consent and duress safeguardN.D.C.C. § 14-03.2-08(1)(a) · statute

A North Dakota premarital or marital agreement is unenforceable if the resisting party proves consent was involuntary or the result of duress.

Scoped statutory propositions

  • A North Dakota premarital or marital agreement is unenforceable if the resisting party proves consent was involuntary or the result of duress.
  • Draft history, communications, timing, advice from counsel, and signing circumstances can be relevant evidence.

Questions for counsel

  • What admissible evidence bears on voluntary consent and alleged duress?
North Dakota Legislative CouncilReviewed 2026-07-22Open cited source ↗
independent counselNorth Dakota access to independent representationN.D.C.C. § 14-03.2-08(1)(b), (2) · statute

North Dakota requires access to independent legal representation, defined through reasonable time to decide, locate counsel, obtain advice, and consider it, plus financial ability or fee payment when the other party is represented.

Scoped statutory propositions

  • North Dakota requires access to independent legal representation, defined through reasonable time to decide, locate counsel, obtain advice, and consider it, plus financial ability or fee payment when the other party is represented.
  • Actual representation is distinct from statutory access; the factual timeline remains central.

Questions for counsel

  • Did the party have the time and financial access described in section 14-03.2-08(2)?
North Dakota Legislative CouncilReviewed 2026-07-22Open cited source ↗
formalitiesNorth Dakota waiver-notice safeguardN.D.C.C. § 14-03.2-08(1)(c), (3) · statute

Unless a party had independent representation when signing, North Dakota requires a conspicuous statutory-style waiver notice or a plain-language explanation of the modified or waived marital rights and obligations.

Scoped statutory propositions

  • Unless a party had independent representation when signing, North Dakota requires a conspicuous statutory-style waiver notice or a plain-language explanation of the modified or waived marital rights and obligations.
  • The statute supplies substantially similar warning language covering support, property, debts, divorce or death rights, and legal fees.

Questions for counsel

  • If a party lacked counsel, does the agreement contain the required conspicuous notice or plain-language explanation?
North Dakota Legislative CouncilReviewed 2026-07-22Open cited source ↗
financial disclosureNorth Dakota adequate financial disclosureN.D.C.C. § 14-03.2-08(1)(d), (4) · statute

North Dakota defines adequate disclosure through a reasonably accurate description and good-faith value estimate, a separate signed waiver of further disclosure, or adequate knowledge or a reasonable basis for it.

Scoped statutory propositions

  • North Dakota defines adequate disclosure through a reasonably accurate description and good-faith value estimate, a separate signed waiver of further disclosure, or adequate knowledge or a reasonable basis for it.
  • Property, liabilities, and income are expressly included.

Questions for counsel

  • Which statutory path to adequate disclosure is supported by the documents and testimony?
North Dakota Legislative CouncilReviewed 2026-07-22Open cited source ↗
public assistanceNorth Dakota public-assistance safeguardN.D.C.C. § 14-03.2-08(5) · statute

If a support modification or elimination causes public-assistance eligibility at separation or dissolution, a court may order support to the extent necessary to avoid that eligibility.

Scoped statutory propositions

  • If a support modification or elimination causes public-assistance eligibility at separation or dissolution, a court may order support to the extent necessary to avoid that eligibility.
  • The statutory remedy is request-based and limited to avoiding program eligibility.

Questions for counsel

  • Would the support term cause program eligibility, and has the affected party requested statutory relief?
North Dakota Legislative CouncilReviewed 2026-07-22Open cited source ↗
limitationsNorth Dakota unconscionability and substantial-hardship reviewN.D.C.C. § 14-03.2-08(6)–(7) · statute

A North Dakota court may refuse a term that was unconscionable when signed or whose enforcement would cause substantial hardship from a later material change; the court decides those questions as matters of law.

Scoped statutory propositions

  • A North Dakota court may refuse a term that was unconscionable when signed or whose enforcement would cause substantial hardship from a later material change; the court decides those questions as matters of law.
  • The statute directs review of the challenged term in the context of the agreement as a whole.

Questions for counsel

  • Which specific term and which execution-time or later circumstances support the asserted statutory ground?
North Dakota Legislative CouncilReviewed 2026-07-22Open cited source ↗
child supportNorth Dakota nonwaivable child and remedial limitsN.D.C.C. § 14-03.2-09(2) · statute

North Dakota makes terms unenforceable to the extent they adversely affect child support, restrict domestic-violence remedies, modify statutory dissolution grounds, or penalize initiation of dissolution proceedings.

Scoped statutory propositions

  • North Dakota makes terms unenforceable to the extent they adversely affect child support, restrict domestic-violence remedies, modify statutory dissolution grounds, or penalize initiation of dissolution proceedings.
  • These are express statutory boundaries on agreement content.

Questions for counsel

  • Does any term cross one of section 14-03.2-09(2)'s nonwaivable boundaries?
North Dakota Legislative CouncilReviewed 2026-07-22Open cited source ↗
child supportNorth Dakota parental-rights nonbinding ruleN.D.C.C. § 14-03.2-09(1), (3) · statute

A term defining the parties' rights or duties concerning parental rights and responsibilities is not binding on a North Dakota court.

Scoped statutory propositions

  • A term defining the parties' rights or duties concerning parental rights and responsibilities is not binding on a North Dakota court.
  • Child-related provisions require independent best-interest and family-law analysis.

Questions for counsel

  • Which child-related terms are nonbinding and require separate court review?
North Dakota Legislative CouncilReviewed 2026-07-22Open cited source ↗
limitationsNorth Dakota limitation-of-actions ruleN.D.C.C. § 14-03.2-10 · statute

A limitations period for relief under a premarital or marital agreement is tolled during marriage, while equitable defenses including laches and estoppel remain available.

Scoped statutory propositions

  • A limitations period for relief under a premarital or marital agreement is tolled during marriage, while equitable defenses including laches and estoppel remain available.
  • The claim and procedural record determine how the rule applies.

Questions for counsel

  • How do statutory tolling and equitable defenses affect the claim's timing?
North Dakota Legislative CouncilReviewed 2026-07-22Open cited source ↗
formalitiesNorth Dakota federal electronic-signature relationN.D.C.C. § 14-03.2-11 · statute

North Dakota specifies how chapter 14-03.2 modifies, limits, and supersedes parts of the federal E-SIGN Act while preserving specified consumer-consent and notice provisions.

Scoped statutory propositions

  • North Dakota specifies how chapter 14-03.2 modifies, limits, and supersedes parts of the federal E-SIGN Act while preserving specified consumer-consent and notice provisions.
  • Electronic execution should be reviewed against both the state definitions and the preserved federal provisions.

Questions for counsel

  • Was the agreement executed electronically, and do the preserved federal consent or notice rules matter?
North Dakota Legislative CouncilReviewed 2026-07-22Open cited source ↗
limitationsNorth Dakota 2013 enactment and contemporaneous amendment2013 N.D. Sess. Laws chs. 15, 121 (H.B. 1015, H.B. 1128) · statute

House Bill 1128 enacted chapter 14-03.2, repealed former chapter 14-03.1, and was contemporaneously affected by House Bill 1015; current codified text must be used rather than an intermediate bill version.

Scoped statutory propositions

  • House Bill 1128 enacted chapter 14-03.2, repealed former chapter 14-03.1, and was contemporaneously affected by House Bill 1015; current codified text must be used rather than an intermediate bill version.
  • The enacted chapter was approved May 2, 2013 and applies under current section 14-03.2-02 to agreements signed after July 31, 2013.

Questions for counsel

  • Does the agreement date invoke the current act, the former act, or pre-act law, and has counsel checked the final session-law sequence?
North Dakota Legislative AssemblyReviewed 2026-07-22Open cited source ↗
independent counselNorth Dakota Supreme Court's current-act applicationOlson v. Olson, 2024 ND 224 · court opinion

Olson applies chapter 14-03.2 to access to counsel, financial disclosure, voluntariness, and execution-time unconscionability and affirms the fact-specific enforceability ruling before it.

Scoped statutory propositions

  • Olson applies chapter 14-03.2 to access to counsel, financial disclosure, voluntariness, and execution-time unconscionability and affirms the fact-specific enforceability ruling before it.
  • Olson explains that actual independent counsel is not an absolute prerequisite, but statutory access must be proved or disproved under the record; it also requires an unconscionability argument to identify a challenged term.

Questions for counsel

  • How do Olson's statutory analysis and later North Dakota decisions apply to this agreement's actual timeline, disclosures, and challenged terms?
North Dakota Supreme CourtReviewed 2026-07-22Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the North Dakota guide →View machine-readable package →
OH

Ohio

Version
oh-2026-07-23.3
Checked
2026-07-23
Effective through
2026-07-23
Resources
20
Research tier
section verified
Source health
current with manual checks

Ohio's Gross common-law premarital framework, Fletcher and Zimmie applications, the March 23, 2023 postnuptial and amendment statutes, property, support, child, probate, and historical boundaries.

voluntarinessformalitieslimitationsfinancial disclosuretimingindependent counselspousal supportpropertypermitted subjectsamendment revocationeffective datechild support
MaintenanceNext package review due 2026-10-2120 access checks · 10 later-authority searches
voluntarinessOhio controlling premarital-enforcement frameworkGross v. Gross, 11 Ohio St. 3d 99, 464 N.E.2d 500 (1984) · case reporter

Gross requires free execution without fraud, duress, coercion, or overreaching; full disclosure or full knowledge and understanding of property; and terms that do not promote divorce or profiteering by divorce.

Scoped statutory propositions

  • Gross requires free execution without fraud, duress, coercion, or overreaching; full disclosure or full knowledge and understanding of property; and terms that do not promote divorce or profiteering by divorce.
  • The test is conjunctive and fact-specific; later Ohio authority controls burdens and applications.

Questions for counsel

  • What evidence satisfies each of Gross's three conditions?
Published Ohio appellate authorityReviewed 2026-07-23Open cited source ↗
formalitiesOhio marriage-consideration writing ruleOhio Rev. Code § 1335.05 · official guidance

An agreement made upon consideration of marriage, other than mutual promises to marry, must be in writing and signed by the party to be charged.

Scoped statutory propositions

  • An agreement made upon consideration of marriage, other than mutual promises to marry, must be in writing and signed by the party to be charged.
  • This statute-of-frauds rule does not replace Gross or transaction-specific deed, probate, and federal-benefit formalities.

Questions for counsel

  • Is there a sufficient signed writing for every party against whom enforcement is sought?
Ohio Laws and Administrative RulesReviewed 2026-07-23Open cited source ↗
limitationsOhio Supreme Court current prenuptial bench cardSupreme Court of Ohio, Prenuptial Agreements Bench Card (reviewed Sept. 2024) · official guidance

The current bench card organizes Gross, Fletcher, Zimmie, counsel, timing, burdens, and support unconscionability for Ohio courts.

Scoped statutory propositions

  • The current bench card organizes Gross, Fletcher, Zimmie, counsel, timing, burdens, and support unconscionability for Ohio courts.
  • The bench card is a judicial educational summary, not binding law; the full opinions remain necessary.

Questions for counsel

  • Has current Ohio counsel checked the cited opinions and any later authority?
Supreme Court of Ohio Judicial CollegeReviewed 2026-07-23Open cited source ↗
financial disclosureOhio full disclosure or knowledge conditionGross v. Gross, 11 Ohio St. 3d 99 (1984) · case reporter

The proponent must establish full disclosure or the other party's full knowledge and understanding of the nature, value, and extent of the proponent's property when the bargain is disproportionate.

Scoped statutory propositions

  • The proponent must establish full disclosure or the other party's full knowledge and understanding of the nature, value, and extent of the proponent's property when the bargain is disproportionate.
  • General familiarity should not be overstated as knowledge of an omitted material asset or value.

Questions for counsel

  • What was disclosed or fully known before execution?
Published Ohio appellate authorityReviewed 2026-07-23Open cited source ↗
financial disclosureOhio disclosure burden for disproportionate bargainsFletcher v. Fletcher, 68 Ohio St. 3d 464, 628 N.E.2d 1343 (1994) · case reporter

When a party receives disproportionately less than equitable distribution would provide, the proponent bears the burden to show full disclosure or full knowledge of assets.

Scoped statutory propositions

  • When a party receives disproportionately less than equitable distribution would provide, the proponent bears the burden to show full disclosure or full knowledge of assets.
  • The challenging party retains the burden on fraud, duress, coercion, and overreaching; burdens must not be merged.

Questions for counsel

  • Is the bargain disproportionate, and who bears the disclosure burden?
Published Ohio appellate authorityReviewed 2026-07-23Open cited source ↗
timingOhio short-notice pressure presumptionFletcher v. Fletcher, 68 Ohio St. 3d 464 (1994) · case reporter

Very short pre-wedding presentation combined with significant postponement hardship, embarrassment, or emotional distress raises a presumption of overreaching or coercion.

Scoped statutory propositions

  • Very short pre-wedding presentation combined with significant postponement hardship, embarrassment, or emotional distress raises a presumption of overreaching or coercion.
  • Ohio has no fixed numerical safe harbor; Fletcher requires the combined circumstances it identifies.

Questions for counsel

  • What usable review time and realistic alternatives existed?
Published Ohio appellate authorityReviewed 2026-07-23Open cited source ↗
voluntarinessOhio invalid disclosure and timing applicationZimmie v. Zimmie, 11 Ohio St. 3d 94, 464 N.E.2d 142 (1984) · case reporter

Zimmie invalidated an agreement on a record involving wedding-eve presentation, lack of financial disclosure, and inadequate understanding of relinquished rights.

Scoped statutory propositions

  • Zimmie invalidated an agreement on a record involving wedding-eve presentation, lack of financial disclosure, and inadequate understanding of relinquished rights.
  • No single fact should be converted into a per se rule; Gross and Fletcher must be applied together.

Questions for counsel

  • How does the execution record differ from Zimmie's cumulative defects?
Published Ohio appellate authorityReviewed 2026-07-23Open cited source ↗
independent counselOhio independent-counsel evidenceGross v. Gross, 11 Ohio St. 3d 99 (1984); Fletcher v. Fletcher, 68 Ohio St. 3d 464 (1994) · case reporter

Independent advice and the opportunity to obtain it bear on understanding, free assent, disclosure, and overreaching, although counsel is not stated as a separate Gross condition.

Scoped statutory propositions

  • Independent advice and the opportunity to obtain it bear on understanding, free assent, disclosure, and overreaching, although counsel is not stated as a separate Gross condition.
  • Counsel participation does not cure fraud, missing disclosure, or coercive timing automatically.

Questions for counsel

  • What meaningful conflict-free advice did each party receive?
Published Ohio appellate authorityReviewed 2026-07-23Open cited source ↗
limitationsOhio anti-profiteering conditionGross v. Gross, 11 Ohio St. 3d 99 (1984) · case reporter

Premarital terms must not promote or encourage divorce or allow a party to profit by divorce.

Scoped statutory propositions

  • Premarital terms must not promote or encourage divorce or allow a party to profit by divorce.
  • A divorce-triggered allocation is not automatically invalid; the actual economic structure and current cases control.

Questions for counsel

  • Could any term create a material incentive to end the marriage?
Published Ohio appellate authorityReviewed 2026-07-23Open cited source ↗
spousal supportOhio spousal-support enforcement-time reviewGross v. Gross, 11 Ohio St. 3d 99 (1984) · case reporter

A divorce-related support provision valid at execution may be reviewed at divorce for unconscionability and reasonableness using the relevant statutory support factors.

Scoped statutory propositions

  • A divorce-related support provision valid at execution may be reviewed at divorce for unconscionability and reasonableness using the relevant statutory support factors.
  • This second look concerns support provisions and does not authorize wholesale rewriting of valid property terms.

Questions for counsel

  • Would enforcing the support term be unconscionable under current circumstances?
Published Ohio appellate authorityReviewed 2026-07-23Open cited source ↗
propertyOhio agreement-defined separate propertyOhio Rev. Code § 3105.171(A)(6)(a)(v) · official guidance

Property excluded by a valid antenuptial or postnuptial agreement is separate property, subject to tracing and the agreement's actual language.

Scoped statutory propositions

  • Property excluded by a valid antenuptial or postnuptial agreement is separate property, subject to tracing and the agreement's actual language.
  • Commingling does not destroy identity unless traceability is lost; validity and classification remain separate inquiries.

Questions for counsel

  • Does the valid agreement clearly exclude this asset, and can it be traced?
Ohio Laws and Administrative RulesReviewed 2026-07-23Open cited source ↗
propertyOhio contract construction after validityFletcher v. Fletcher, 68 Ohio St. 3d 464 (1994) · case reporter

Antenuptial agreements are contracts, so ordinary construction applies to their language after Ohio's special validity safeguards are satisfied.

Scoped statutory propositions

  • Antenuptial agreements are contracts, so ordinary construction applies to their language after Ohio's special validity safeguards are satisfied.
  • Ordinary construction does not reduce Gross's special execution safeguards.

Questions for counsel

  • What does the complete agreement unambiguously cover?
Published Ohio appellate authorityReviewed 2026-07-23Open cited source ↗
limitationsOhio postnuptial and amendment safeguardsOhio Rev. Code § 3103.061 · official guidance

A qualifying spousal agreement must be written and signed by both spouses, freely entered without fraud, duress, coercion, or overreaching, supported by full disclosure or full knowledge and understanding, and not promote divorce or profiteering.

Scoped statutory propositions

  • A qualifying spousal agreement must be written and signed by both spouses, freely entered without fraud, duress, coercion, or overreaching, supported by full disclosure or full knowledge and understanding, and not promote divorce or profiteering.
  • Section 3103.061 governs agreements authorized by sections 3103.05 and 3103.06; it does not retroactively replace Gross for a premarital agreement.

Questions for counsel

  • Does a postmarital agreement satisfy every conjunctive section 3103.061 requirement?
Ohio Laws and Administrative RulesReviewed 2026-07-23Open cited source ↗
permitted subjectsOhio authority for postnuptial agreementsOhio Rev. Code § 3103.06(A)(1) · official guidance

Since March 23, 2023, spouses may enter a postnuptial agreement altering their legal relations, subject to section 3103.061.

Scoped statutory propositions

  • Since March 23, 2023, spouses may enter a postnuptial agreement altering their legal relations, subject to section 3103.061.
  • A postmarital instrument must be classified by its date and substance, not merely its title.

Questions for counsel

  • Was the instrument signed before or after marriage and under which framework?
Ohio Laws and Administrative RulesReviewed 2026-07-23Open cited source ↗
amendment revocationOhio statutory modification and terminationOhio Rev. Code § 3103.06(A)(2), (B) · official guidance

Spouses may modify or terminate an antenuptial or postnuptial agreement if the new agreement complies with section 3103.061.

Scoped statutory propositions

  • Spouses may modify or terminate an antenuptial or postnuptial agreement if the new agreement complies with section 3103.061.
  • Marital conduct or an oral understanding should not be treated as the statutory compliant agreement.

Questions for counsel

  • Does the claimed later change satisfy sections 3103.06 and 3103.061?
Ohio Laws and Administrative RulesReviewed 2026-07-23Open cited source ↗
effective dateOhio postnuptial enactment transition2022 Ohio S.B. 210; Ohio Rev. Code §§ 3103.06, 3103.061 · official guidance

Senate Bill 210's postnuptial and amendment framework took effect March 23, 2023.

Scoped statutory propositions

  • Senate Bill 210's postnuptial and amendment framework took effect March 23, 2023.
  • Counsel must retrieve pre-enactment law for earlier postmarital instruments and not assume retroactivity.

Questions for counsel

  • Was the later spousal agreement executed before or after March 23, 2023?
Ohio Laws and Administrative RulesReviewed 2026-07-23Open cited source ↗
child supportOhio child best-interests boundaryOhio Rev. Code § 3109.04 · official guidance

A court must allocate parental rights and responsibilities under the child's current best interests rather than enforce an advance private custody allocation conclusively.

Scoped statutory propositions

  • A court must allocate parental rights and responsibilities under the child's current best interests rather than enforce an advance private custody allocation conclusively.
  • The statute is mandatory child-law context, not an agreement-formation rule.

Questions for counsel

  • Does any term attempt to predetermine custody without current statutory findings?
Ohio Laws and Administrative RulesReviewed 2026-07-23Open cited source ↗
child supportOhio child-support deviation boundaryOhio Rev. Code §§ 3119.22–.23 · official guidance

A deviation from guideline support requires statutory factors, best-interest findings, and journalized reasons; parents cannot privately eliminate the court's duties.

Scoped statutory propositions

  • A deviation from guideline support requires statutory factors, best-interest findings, and journalized reasons; parents cannot privately eliminate the court's duties.
  • Agreement terms may be evidence but do not substitute for the required calculation and findings.

Questions for counsel

  • Does any clause attempt to waive or freeze child support outside current statutory review?
Ohio Laws and Administrative RulesReviewed 2026-07-23Open cited source ↗
limitationsOhio probate challenge deadlineOhio Rev. Code § 2106.22 · official guidance

An action or other attack on a decedent's antenuptial or postnuptial agreement generally must occur within four months after appointment of the estate fiduciary.

Scoped statutory propositions

  • An action or other attack on a decedent's antenuptial or postnuptial agreement generally must occur within four months after appointment of the estate fiduciary.
  • The deadline is a probate procedure boundary and does not itself prove substantive validity.

Questions for counsel

  • Was the death-related validity challenge timely under section 2106.22?
Ohio Laws and Administrative RulesReviewed 2026-07-23Open cited source ↗
effective dateOhio common-law and statutory applicability boundaryGross v. Gross, 11 Ohio St. 3d 99 (1984); 2022 Ohio S.B. 210 · case reporter

Ohio has not enacted a UPAA or UPMAA applicability schedule; premarital agreements remain under Gross, while qualifying postmarital instruments require date-specific section 3103.061 analysis.

Scoped statutory propositions

  • Ohio has not enacted a UPAA or UPMAA applicability schedule; premarital agreements remain under Gross, while qualifying postmarital instruments require date-specific section 3103.061 analysis.
  • Do not import another state's uniform-act rules or apply the 2023 statute retroactively without authority.

Questions for counsel

  • Which framework governed each instrument on its execution date?
Published Ohio appellate authorityReviewed 2026-07-23Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Ohio guide →View machine-readable package →
OK

Oklahoma

Version
ok-2026-07-23.3
Checked
2026-07-23
Effective through
2026-07-23
Resources
21
Research tier
section verified
Source health
current with manual checks

Oklahoma's written-contract statute, disjunctive Burgess enforcement framework, Griffin disclosure and burden applications, Hendrick postmarital boundary, property, support, child, probate, and historical rules.

limitationsformalitiesvoluntarinessfinancial disclosureindependent counseltimingpermitted subjectsspousal supportamendment revocationpropertychild supporteffective date
MaintenanceNext package review due 2026-10-2121 access checks · 18 later-authority searches
limitationsOklahoma marriage and divorce statutory contextOkla. Stat. tit. 43, including §§ 1, 109, 112, 118–121, 204 · official guidance

Title 43 supplies Oklahoma's current marriage, divorce, property, support, custody, and antenuptial-contract context.

Scoped statutory propositions

  • Title 43 supplies Oklahoma's current marriage, divorce, property, support, custody, and antenuptial-contract context.
  • The title index is an official research route; exact section records below identify principal intersections and still require current counsel review.

Questions for counsel

  • Which current Title 43 section governs or limits each requested remedy?
Oklahoma State Courts NetworkReviewed 2026-07-23Open cited source ↗
formalitiesOklahoma written antenuptial-contract requirementOkla. Stat. tit. 43, § 121(B) · official guidance

Oklahoma's equitable-property division is expressly subject to a valid antenuptial contract in writing.

Scoped statutory propositions

  • Oklahoma's equitable-property division is expressly subject to a valid antenuptial contract in writing.
  • Section 121 does not itself state the complete Burgess fairness, disclosure, knowledge, or fraud analysis.

Questions for counsel

  • Is the claimed property allocation contained in a valid written antenuptial contract?
Oklahoma State Courts NetworkReviewed 2026-07-23Open cited source ↗
voluntarinessOklahoma disjunctive enforcement frameworkIn re Burgess' Estate, 646 P.2d 623 (Okla. Civ. App. 1982); Griffin v. Griffin, 2004 OK CIV APP 58 · case reporter

An Oklahoma agreement is enforceable if it makes fair and reasonable provision for the resisting party, or full, fair and frank disclosure was made, or that party had generally accurate knowledge of the other's worth.

Scoped statutory propositions

  • An Oklahoma agreement is enforceable if it makes fair and reasonable provision for the resisting party, or full, fair and frank disclosure was made, or that party had generally accurate knowledge of the other's worth.
  • The three criteria are disjunctive, but fraud, duress, coercion, overreaching, and public-policy defenses remain independently relevant.

Questions for counsel

  • Which Burgess alternative is proved by the execution record?
Published Oklahoma appellate authorityReviewed 2026-07-23Open cited source ↗
limitationsOklahoma fair-and-reasonable provision alternativeIn re Burgess' Estate, 646 P.2d 623 (Okla. Civ. App. 1982); Griffin v. Griffin, 2004 OK CIV APP 58 · case reporter

Fair provision may be evaluated against what the resisting party would receive by operation of law, including whether the contractual provision is grossly disproportionate.

Scoped statutory propositions

  • Fair provision may be evaluated against what the resisting party would receive by operation of law, including whether the contractual provision is grossly disproportionate.
  • An unfavorable bargain is not automatically invalid, and satisfying another Burgess alternative may still support enforcement.

Questions for counsel

  • Was fair and reasonable provision made when the agreement was executed?
Published Oklahoma appellate authorityReviewed 2026-07-23Open cited source ↗
financial disclosureOklahoma full, fair, and frank disclosure alternativeGriffin v. Griffin, 2004 OK CIV APP 58 · case reporter

Fair disclosure generally requires approximate information about net worth and property character before execution, not invariably exact appraisal-level detail.

Scoped statutory propositions

  • Fair disclosure generally requires approximate information about net worth and property character before execution, not invariably exact appraisal-level detail.
  • Griffin's tolerance of approximate valuation does not protect a fraudulent material misrepresentation or concealed interest.

Questions for counsel

  • What sufficiently accurate financial information was delivered before signing?
Published Oklahoma appellate authorityReviewed 2026-07-23Open cited source ↗
financial disclosureOklahoma generally accurate knowledge alternativeIn re Burgess' Estate, 646 P.2d 623 (Okla. Civ. App. 1982); Griffin v. Griffin, 2004 OK CIV APP 58 · case reporter

A signer may be bound if the signer had or reasonably should have had general and approximate knowledge of the other's property character and extent.

Scoped statutory propositions

  • A signer may be bound if the signer had or reasonably should have had general and approximate knowledge of the other's property character and extent.
  • General reputation for wealth should not be overstated as knowledge of a strategically omitted material interest.

Questions for counsel

  • What did the signer know or reasonably have reason to know, and from what source?
Published Oklahoma appellate authorityReviewed 2026-07-23Open cited source ↗
financial disclosureOklahoma facial-unfairness burden shiftGriffin v. Griffin, 2004 OK CIV APP 58 · case reporter

If an agreement is apparently unfair on its face, equity presumes against validity and places on the proponent the burden to show full disclosure or the other party's effective awareness.

Scoped statutory propositions

  • If an agreement is apparently unfair on its face, equity presumes against validity and places on the proponent the burden to show full disclosure or the other party's effective awareness.
  • The burden on facial unfairness must be distinguished from the challenger's clear-and-convincing burden on fraud or misrepresentation after a disclosure recital.

Questions for counsel

  • Is the agreement apparently unfair, and which party bears each burden?
Published Oklahoma appellate authorityReviewed 2026-07-23Open cited source ↗
financial disclosureOklahoma disclosure-recital presumptionGriffin v. Griffin, 2004 OK CIV APP 58 · case reporter

A contractual recital of full disclosure may create a presumption of disclosure, rebuttable by clear and convincing proof of fraud or misrepresentation.

Scoped statutory propositions

  • A contractual recital of full disclosure may create a presumption of disclosure, rebuttable by clear and convincing proof of fraud or misrepresentation.
  • A recital is not irrebuttable and should not replace examination of attached schedules and representations.

Questions for counsel

  • Does the recital match the schedules actually delivered, and is there proof rebutting it?
Published Oklahoma appellate authorityReviewed 2026-07-23Open cited source ↗
voluntarinessOklahoma fraud and misrepresentation safeguardGriffin v. Griffin, 2004 OK CIV APP 58 · case reporter

Antenuptial agreements may be avoided for fraud, duress, coercion, overreaching, or comparable contract defects; fraud must satisfy its distinct elements and proof standard.

Scoped statutory propositions

  • Antenuptial agreements may be avoided for fraud, duress, coercion, overreaching, or comparable contract defects; fraud must satisfy its distinct elements and proof standard.
  • Griffin's enforcement result was record-specific and does not make inaccurate valuation labels immaterial categorically.

Questions for counsel

  • What statement or omission allegedly procured execution, and can every element be proved?
Published Oklahoma appellate authorityReviewed 2026-07-23Open cited source ↗
independent counselOklahoma independent-counsel and negotiation evidenceGriffin v. Griffin, 2004 OK CIV APP 58 · case reporter

Separate counsel, rejected drafts, negotiated revisions, explanations, and execution records may support free assent, understanding, and fair provision.

Scoped statutory propositions

  • Separate counsel, rejected drafts, negotiated revisions, explanations, and execution records may support free assent, understanding, and fair provision.
  • Counsel acknowledgment is relevant but does not automatically cure fraud, coercion, or materially defective disclosure.

Questions for counsel

  • What meaningful conflict-free advice and negotiation occurred?
Published Oklahoma appellate authorityReviewed 2026-07-23Open cited source ↗
timingOklahoma total execution-timeline inquiryGriffin v. Griffin, 2004 OK CIV APP 58; Leonard v. Prentice, 1935 OK 427 · case reporter

Oklahoma has no fixed waiting period; timing is reviewed with negotiations, counsel, disclosure, voluntariness, comprehension, and wedding circumstances.

Scoped statutory propositions

  • Oklahoma has no fixed waiting period; timing is reviewed with negotiations, counsel, disclosure, voluntariness, comprehension, and wedding circumstances.
  • Older decisions resisting haste challenges do not create a last-minute safe harbor where other defects are proved.

Questions for counsel

  • What does the complete draft-to-wedding chronology show?
Published Oklahoma appellate authorityReviewed 2026-07-23Open cited source ↗
permitted subjectsOklahoma agreed property-division scopeOkla. Stat. tit. 43, § 121; Griffin v. Griffin, 2004 OK CIV APP 58 · case reporter

A valid written antenuptial agreement may alter the statutory division of jointly acquired property, including by defining separate property and divorce payments.

Scoped statutory propositions

  • A valid written antenuptial agreement may alter the statutory division of jointly acquired property, including by defining separate property and divorce payments.
  • Validity, construction, tracing, and public-policy limits must be analyzed separately.

Questions for counsel

  • What property and increase does the complete agreement actually reach?
Published Oklahoma appellate authorityReviewed 2026-07-23Open cited source ↗
spousal supportOklahoma spousal-support clause boundaryGriffin v. Griffin, 2004 OK CIV APP 58; Okla. Stat. tit. 43, § 121 · case reporter

Oklahoma agreements may address support and divorce payments, subject to Burgess, fraud, contract construction, and current statutory limits.

Scoped statutory propositions

  • Oklahoma agreements may address support and divorce payments, subject to Burgess, fraud, contract construction, and current statutory limits.
  • Griffin's fact-specific agreement does not establish automatic enforcement of every support waiver.

Questions for counsel

  • Does the clause clearly reach the support requested and satisfy every enforcement safeguard?
Published Oklahoma appellate authorityReviewed 2026-07-23Open cited source ↗
amendment revocationOklahoma postmarital amendment boundaryHendrick v. Hendrick, 976 P.2d 1071 (Okla. Civ. App. 1999) · case reporter

Hendrick holds that a postmarital instrument labeled an amendment is postnuptial in substance and is not the valid written antenuptial contract section 121 recognizes for contingent divorce or death rights.

Scoped statutory propositions

  • Hendrick holds that a postmarital instrument labeled an amendment is postnuptial in substance and is not the valid written antenuptial contract section 121 recognizes for contingent divorce or death rights.
  • Hendrick distinguished present interspousal conveyances under section 204; current counsel must verify later statutory or appellate change.

Questions for counsel

  • Was the claimed change executed before marriage or is it an unauthorized contingent postnuptial bargain?
Published Oklahoma appellate authorityReviewed 2026-07-23Open cited source ↗
propertyOklahoma present-transfer distinctionHendrick v. Hendrick, 976 P.2d 1071 (Okla. Civ. App. 1999); Okla. Stat. tit. 43, § 204 · case reporter

A present interspousal conveyance may change ownership under section 204, but that differs from a postmarital contract contingent on future divorce or death.

Scoped statutory propositions

  • A present interspousal conveyance may change ownership under section 204, but that differs from a postmarital contract contingent on future divorce or death.
  • Classification depends on operative effect rather than the document's caption.

Questions for counsel

  • Did the transaction presently transfer property or merely promise a future divorce or death allocation?
Published Oklahoma appellate authorityReviewed 2026-07-23Open cited source ↗
child supportOklahoma child best-interests boundaryOkla. Stat. tit. 43, § 109 · official guidance

Custody must be decided under the child's current physical, mental, and moral best interests, not conclusively predetermined by a premarital term.

Scoped statutory propositions

  • Custody must be decided under the child's current physical, mental, and moral best interests, not conclusively predetermined by a premarital term.
  • Section 109 is mandatory child-law context and includes current domestic-violence safeguards.

Questions for counsel

  • Does any term attempt to bind the court without a current best-interests analysis?
Oklahoma State Courts NetworkReviewed 2026-07-23Open cited source ↗
child supportOklahoma continuing child-support authorityThrash v. Thrash, 1991 OK 32, 809 P.2d 665; Okla. Stat. tit. 43, §§ 118–120 · case reporter

Parents' agreements do not eliminate the court's continuing authority and statutory duties to set or modify minor-child support based on needs, welfare, and current law.

Scoped statutory propositions

  • Parents' agreements do not eliminate the court's continuing authority and statutory duties to set or modify minor-child support based on needs, welfare, and current law.
  • Thrash concerned a divorce consent order, but its child-protection and continuing-authority rule supplies the mandatory boundary.

Questions for counsel

  • Does any clause attempt to waive or self-modify child support without judicial review?
Published Oklahoma appellate authorityReviewed 2026-07-23Open cited source ↗
propertyOklahoma written death-right agreementOkla. Stat. tit. 84, § 44; Talley v. Harris, 1947 OK 218, 182 P.2d 765 · case reporter

A just and reasonable written antenuptial agreement may control survivor inheritance rights and make a will subservient to the agreement.

Scoped statutory propositions

  • A just and reasonable written antenuptial agreement may control survivor inheritance rights and make a will subservient to the agreement.
  • Talley is historical probate authority; current Title 84 text, homestead, allowance, and later decisions require separate review.

Questions for counsel

  • Does the agreement clearly and validly waive the probate right claimed?
Published Oklahoma appellate authorityReviewed 2026-07-23Open cited source ↗
limitationsOklahoma probate family-allowance nonwaiverIn re Rossiter's Estate, 1942 OK 211, 129 P.2d 856 · case reporter

Rossiter held that a premarital waiver cannot eliminate a proper statutory support allowance during estate administration because that protection is public policy.

Scoped statutory propositions

  • Rossiter held that a premarital waiver cannot eliminate a proper statutory support allowance during estate administration because that protection is public policy.
  • Licensed counsel must verify current terminology, statutory descendants of the allowance, and later authority.

Questions for counsel

  • Does a death-related clause attempt to waive a protected administration allowance?
Published Oklahoma appellate authorityReviewed 2026-07-23Open cited source ↗
effective dateOklahoma common-law applicability boundaryIn re Burgess' Estate, 646 P.2d 623 (Okla. Civ. App. 1982); Okla. Stat. tit. 43, § 121 · case reporter

Oklahoma has not enacted a UPAA or UPMAA applicability schedule; execution date, current statutory text, and then-applicable common law govern each instrument.

Scoped statutory propositions

  • Oklahoma has not enacted a UPAA or UPMAA applicability schedule; execution date, current statutory text, and then-applicable common law govern each instrument.
  • Do not import uniform-act elements or treat a historical probate rule as the complete current divorce test.

Questions for counsel

  • Which statutes and decisions governed when the agreement or later transaction was executed?
Published Oklahoma appellate authorityReviewed 2026-07-23Open cited source ↗
effective dateOklahoma older-case qualificationLeonard v. Prentice, 1935 OK 427; In re Cobb's Estate, 1956 OK 299 · case reporter

Older Oklahoma cases supply disclosure, knowledge, and fairness principles but must be read through Burgess, Griffin, Hendrick, and current statutes.

Scoped statutory propositions

  • Older Oklahoma cases supply disclosure, knowledge, and fairness principles but must be read through Burgess, Griffin, Hendrick, and current statutes.
  • This record is a historical research flag rather than a claim that every older outcome remains current.

Questions for counsel

  • Does the execution date require historical law, and has later authority changed the rule?
Published Oklahoma appellate authorityReviewed 2026-07-23Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Oklahoma guide →View machine-readable package →
OR

Oregon

Version
or-2026-07-22.3
Checked
2026-07-22
Effective through
2026-07-22
Resources
15
Research tier
section verified
Source health
current with manual checks

Oregon Uniform Premarital Agreement Act, ORS 108.700–108.740, with exact sections, January 1, 1988 applicability, the 2013 medical-assistance amendment, and qualified Oregon appellate interpretations.

propertyformalitiespermitted subjectschild supporteffective dateamendment revocationvoluntarinessfinancial disclosurepublic assistancevoid marriagelimitationsspousal supportindependent counsel
MaintenanceNext package review due 2026-10-2015 access checks · 2 later-authority searches
propertyOregon statutory definitionsORS 108.700 · statute

Oregon defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.

Scoped statutory propositions

  • Oregon defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Does the document fit the statutory definition, and which interests fall within its property terms?
Oregon LegislatureReviewed 2026-07-22Open cited source ↗
formalitiesOregon writing and signature requirementsORS 108.705 · statute

An Oregon premarital agreement must be in writing and signed by both parties and is enforceable without consideration.

Scoped statutory propositions

  • An Oregon premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Is the complete agreement, including every incorporated schedule, written and signed by both parties?
Oregon LegislatureReviewed 2026-07-22Open cited source ↗
permitted subjectsOregon permitted agreement subjectsORS 108.710(1) · statute

Permitted subjects include property rights and control, disposition, modification or elimination of spousal support, estate-planning arrangements, life-insurance benefits, choice of law for construction, and other personal rights and obligations not violating public policy or criminal law.

Scoped statutory propositions

  • Permitted subjects include property rights and control, disposition, modification or elimination of spousal support, estate-planning arrangements, life-insurance benefits, choice of law for construction, and other personal rights and obligations not violating public policy or criminal law.
  • The statutory choice-of-law subject concerns construction of the agreement; Oregon's official annotation cites Proctor for the rule that this does not itself choose the law governing property disposition on dissolution.

Questions for counsel

  • Does each material clause fit a permitted and lawful subject?
Oregon LegislatureReviewed 2026-07-22Open cited source ↗
child supportOregon child-support limitationORS 108.710(2) · statute

An Oregon premarital agreement may not adversely affect a child's right to support.

Scoped statutory propositions

  • An Oregon premarital agreement may not adversely affect a child's right to support.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Does any provision purport to adversely affect a child's support right?
Oregon LegislatureReviewed 2026-07-22Open cited source ↗
effective dateOregon effect of marriageORS 108.715 · statute

An Oregon premarital agreement becomes effective upon marriage.

Scoped statutory propositions

  • An Oregon premarital agreement becomes effective upon marriage.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Did the contemplated marriage occur, and when did the agreement become effective?
Oregon LegislatureReviewed 2026-07-22Open cited source ↗
amendment revocationOregon amendment and revocation formalitiesORS 108.720 · statute

After marriage, amendment or revocation requires a written agreement signed by the parties and is enforceable without consideration.

Scoped statutory propositions

  • After marriage, amendment or revocation requires a written agreement signed by the parties and is enforceable without consideration.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Is every claimed amendment or revocation supported by the required signed writing?
Oregon LegislatureReviewed 2026-07-22Open cited source ↗
voluntarinessOregon voluntary-execution safeguardORS 108.725(1)(a) · statute

The party resisting enforcement in Oregon bears the burden to prove that the agreement was not executed voluntarily.

Scoped statutory propositions

  • The party resisting enforcement in Oregon bears the burden to prove that the agreement was not executed voluntarily.
  • Rudder treats voluntariness as requiring knowledge of the terms and affected property as well as absence of coercion, intimidation, or undue pressure, evaluated from the full factual record.

Questions for counsel

  • What admissible evidence bears on voluntary execution under section 108.725 and Rudder?
Oregon LegislatureReviewed 2026-07-22Open cited source ↗
financial disclosureOregon unconscionability and disclosure safeguardORS 108.725(1)(b), (3) · statute

Oregon's execution-time unconscionability ground also requires all three statutory disclosure conditions: no fair and reasonable disclosure, no voluntary express written waiver, and no adequate knowledge of the other party's property or financial obligations.

Scoped statutory propositions

  • Oregon's execution-time unconscionability ground also requires all three statutory disclosure conditions: no fair and reasonable disclosure, no voluntary express written waiver, and no adequate knowledge of the other party's property or financial obligations.
  • Rudder confirms that unconscionability alone is insufficient under this branch; the conditions are conjunctive, and the court decides unconscionability as a matter of law.

Questions for counsel

  • What evidence addresses every component of section 108.725(1)(b)?
Oregon LegislatureReviewed 2026-07-22Open cited source ↗
public assistanceOregon public- and medical-assistance support safeguardORS 108.725(2); 2013 Or. Laws ch. 688, § 12 · official guidance

A court may require support to the extent necessary to avoid eligibility for public assistance or medical assistance caused by a support modification or elimination at separation or dissolution.

Scoped statutory propositions

  • A court may require support to the extent necessary to avoid eligibility for public assistance or medical assistance caused by a support modification or elimination at separation or dissolution.
  • House Bill 2859 added medical assistance to section 108.725 in 2013; the remedy remains limited to support necessary to avoid eligibility.

Questions for counsel

  • Could the support term cause qualifying public- or medical-assistance eligibility?
Oregon LegislatureReviewed 2026-07-22Open cited source ↗
void marriageOregon void-marriage ruleORS 108.730 · statute

If a marriage is void, an otherwise premarital agreement is enforceable only as necessary to avoid an inequitable result.

Scoped statutory propositions

  • If a marriage is void, an otherwise premarital agreement is enforceable only as necessary to avoid an inequitable result.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • How could marriage validity affect relief?
Oregon LegislatureReviewed 2026-07-22Open cited source ↗
limitationsOregon limitation-of-actions ruleORS 108.735 · statute

Oregon tolls an applicable limitation period for a premarital-agreement claim during marriage while preserving equitable time defenses including laches and estoppel.

Scoped statutory propositions

  • Oregon tolls an applicable limitation period for a premarital-agreement claim during marriage while preserving equitable time defenses including laches and estoppel.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • How do tolling and equitable defenses affect the claim timeline?
Oregon LegislatureReviewed 2026-07-22Open cited source ↗
limitationsOregon short title, uniformity, and severabilityORS 108.740; 1987 Or. Laws ch. 715 · statute

Oregon designates the sections as its Uniform Premarital Agreement Act, directs uniform construction, and preserves valid applications if another provision or application is invalid.

Scoped statutory propositions

  • Oregon designates the sections as its Uniform Premarital Agreement Act, directs uniform construction, and preserves valid applications if another provision or application is invalid.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Does a historical text or severability issue require clause-specific analysis?
Oregon LegislatureReviewed 2026-07-22Open cited source ↗
spousal supportOregon official premarital-agreement case annotationsAnnotations to ORS 108.710 and 108.725 · official guidance

Oregon's official annotations identify Bridge for the necessary-support limit on a spousal-support waiver, Proctor for the limited effect of a construction choice-of-law clause, and Rudder for the statutory meaning of voluntary execution.

Scoped statutory propositions

  • Oregon's official annotations identify Bridge for the necessary-support limit on a spousal-support waiver, Proctor for the limited effect of a construction choice-of-law clause, and Rudder for the statutory meaning of voluntary execution.
  • Annotations are research aids rather than statutory text; counsel must read the full opinions, confirm subsequent history, and determine their current precedential effect.

Questions for counsel

  • Which annotated rule is implicated, and does the full opinion and current statute support its application here?
Oregon LegislatureReviewed 2026-07-22Open cited source ↗
independent counselOregon Court of Appeals voluntariness interpretationRudder and Rudder, 230 Or. App. 437, 217 P.3d 183 (2009) · case reporter

Rudder held the agreement involuntary on its record after considering last-minute presentation, requested but unavailable independent counsel, incomplete disclosure, financial sophistication, and the party's knowledge of the agreement and affected property.

Scoped statutory propositions

  • Rudder held the agreement involuntary on its record after considering last-minute presentation, requested but unavailable independent counsel, incomplete disclosure, financial sophistication, and the party's knowledge of the agreement and affected property.
  • Rudder was Oregon's first construction of section 108.725 and stresses a totality of circumstances; it does not make any single factor automatically dispositive.

Questions for counsel

  • How does the preserved negotiation, counsel, timing, and disclosure record compare with Rudder?
Justia reproduction of Oregon Court of Appeals opinionReviewed 2026-07-22Open cited source ↗
effective dateOregon historical applicability and support decisionPurcell and Purcell, 99 Or. App. 668, 783 P.2d 1038 (1989) · case reporter

Purcell quotes the 1987 Act's January 1, 1988 effective date and its application only to agreements executed on or after that date, then applies pre-Act law to a 1985 agreement and permits temporary support on that record.

Scoped statutory propositions

  • Purcell quotes the 1987 Act's January 1, 1988 effective date and its application only to agreements executed on or after that date, then applies pre-Act law to a 1985 agreement and permits temporary support on that record.
  • Purcell's support analysis arose under pre-Act law; it must not be substituted for the current text of ORS 108.725(2).

Questions for counsel

  • Was the agreement executed before January 1, 1988, and what historical law governs it?
Justia reproduction of Oregon Court of Appeals opinionReviewed 2026-07-22Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Oregon guide →View machine-readable package →
PA

Pennsylvania

Version
pa-2026-07-22.3
Checked
2026-07-22
Effective through
2026-07-22
Resources
11
Research tier
section verified
Source health
current with manual checks

Pennsylvania's codified premarital-agreement test in 23 Pa.C.S. § 3106, the agreement remedies and modification rules in § 3105, the 2004 enactment history, and qualified controlling appellate interpretations.

formalitiesvoluntarinessfinancial disclosurepermitted subjectschild supportspousal supporteffective dateindependent counseltiming
MaintenanceNext package review due 2026-10-2011 access checks · 4 later-authority searches
formalitiesPennsylvania codified-formality boundary23 Pa.C.S. § 3106(a)(2)(ii), (b) · statute

Section 3106 defines a premarital agreement and requires an express waiver of additional financial disclosure to be in writing, but it does not state a comprehensive writing-and-signature formality for the agreement itself.

Scoped statutory propositions

  • Section 3106 defines a premarital agreement and requires an express waiver of additional financial disclosure to be in writing, but it does not state a comprehensive writing-and-signature formality for the agreement itself.
  • Counsel must apply Pennsylvania contract law and current cases to formation; this record does not infer a missing statutory formality.

Questions for counsel

  • What contract-formation proof and written waiver evidence exist?
Pennsylvania General AssemblyReviewed 2026-07-22Open cited source ↗
voluntarinessPennsylvania voluntary-execution rule23 Pa.C.S. § 3106(a)(1) · statute

The party seeking to set aside a premarital agreement bears the burden to prove involuntary execution by clear and convincing evidence.

Scoped statutory propositions

  • The party seeking to set aside a premarital agreement bears the burden to prove involuntary execution by clear and convincing evidence.
  • Voluntariness remains fact-specific; the statute does not create a fixed waiting period or independent-counsel requirement.

Questions for counsel

  • What admissible evidence bears on voluntary execution?
Pennsylvania General AssemblyReviewed 2026-07-22Open cited source ↗
financial disclosurePennsylvania disclosure, waiver, and knowledge rule23 Pa.C.S. § 3106(a)(2) · statute

The disclosure branch requires the challenger to prove all three conditions before execution: no fair and reasonable disclosure, no voluntary express written waiver of additional disclosure, and no adequate knowledge of the other party's property or financial obligations.

Scoped statutory propositions

  • The disclosure branch requires the challenger to prove all three conditions before execution: no fair and reasonable disclosure, no voluntary express written waiver of additional disclosure, and no adequate knowledge of the other party's property or financial obligations.
  • The three subconditions are conjunctive, while involuntariness in subsection (a)(1) is an alternative statutory ground.

Questions for counsel

  • What evidence addresses every component of section 3106(a)(2)?
Pennsylvania General AssemblyReviewed 2026-07-22Open cited source ↗
permitted subjectsPennsylvania agreement remedies and covered economic provisions23 Pa.C.S. § 3105(a), (c) · statute

Section 3105 supplies court enforcement remedies for agreements concerning matters within the Divorce Code and specifically addresses existing property rights, alimony, alimony pendente lite, counsel fees, and expenses.

Scoped statutory propositions

  • Section 3105 supplies court enforcement remedies for agreements concerning matters within the Divorce Code and specifically addresses existing property rights, alimony, alimony pendente lite, counsel fees, and expenses.
  • Section 3105 is not a comprehensive permitted-subjects list; counsel must separately test contract validity and public policy.

Questions for counsel

  • Which requested remedy and clause fall within section 3105?
Pennsylvania General AssemblyReviewed 2026-07-22Open cited source ↗
child supportPennsylvania child-related modification rule23 Pa.C.S. § 3105(b) · statute

A provision concerning child support, visitation, or custody remains subject to court modification upon changed circumstances.

Scoped statutory propositions

  • A provision concerning child support, visitation, or custody remains subject to court modification upon changed circumstances.
  • The statute prevents the agreement from finally displacing the court's continuing child-related authority.

Questions for counsel

  • Does a child-related term require current judicial review or modification?
Pennsylvania General AssemblyReviewed 2026-07-22Open cited source ↗
spousal supportPennsylvania nonmodification default for specified economic terms23 Pa.C.S. § 3105(c) · statute

Unless the agreement specifically provides otherwise, provisions addressing existing property rights, alimony, alimony pendente lite, counsel fees, or expenses are not subject to court modification.

Scoped statutory propositions

  • Unless the agreement specifically provides otherwise, provisions addressing existing property rights, alimony, alimony pendente lite, counsel fees, or expenses are not subject to court modification.
  • Clause construction remains decisive, including whether the provision actually reaches the relief requested.

Questions for counsel

  • Does the agreement expressly reserve modification of the disputed economic provision?
Pennsylvania General AssemblyReviewed 2026-07-22Open cited source ↗
effective datePennsylvania enactment and applicability history2004 Pa. Laws 175, §§ 3, 5(2), 6; 23 Pa.C.S. § 3106 history · statute

Act 175 added section 3106 on November 29, 2004, effective in 60 days, and made it applicable to premarital agreements executed on or after that effective date.

Scoped statutory propositions

  • Act 175 added section 3106 on November 29, 2004, effective in 60 days, and made it applicable to premarital agreements executed on or after that effective date.
  • January 28, 2005 is the calendar date 60 days after enactment; counsel should verify transition law for earlier agreements.

Questions for counsel

  • Was the agreement executed before or after section 3106 became applicable?
Pennsylvania General AssemblyReviewed 2026-07-22Open cited source ↗
independent counselPennsylvania Supreme Court contract and counsel frameworkSimeone v. Simeone, 525 Pa. 392, 581 A.2d 162 (1990) · case reporter

Simeone treats premarital agreements as contracts, rejects a per se independent-counsel requirement, preserves full and fair financial disclosure, and binds parties absent fraud, misrepresentation, or duress.

Scoped statutory propositions

  • Simeone treats premarital agreements as contracts, rejects a per se independent-counsel requirement, preserves full and fair financial disclosure, and binds parties absent fraud, misrepresentation, or duress.
  • Simeone predates section 3106; counsel must read it together with the statute and later authority rather than substitute one framework for the other.

Questions for counsel

  • How does the preserved record fit Simeone and the later codified section 3106?
Justia reproduction of Pennsylvania appellate opinionReviewed 2026-07-22Open cited source ↗
timingPennsylvania Supreme Court timing and duress recordSimeone v. Simeone, 525 Pa. 392, 581 A.2d 162 (1990) · case reporter

Simeone affirmed rejection of duress where the final agreement arrived on the wedding eve but the credited record showed months of prior discussion and ample opportunity to seek counsel.

Scoped statutory propositions

  • Simeone affirmed rejection of duress where the final agreement arrived on the wedding eve but the credited record showed months of prior discussion and ample opportunity to seek counsel.
  • The holding is record-specific and does not create a safe waiting period; section 3106 now supplies the statutory burden for covered agreements.

Questions for counsel

  • What does the complete pre-signing chronology establish, rather than the signature date alone?
Justia reproduction of Pennsylvania appellate opinionReviewed 2026-07-22Open cited source ↗
financial disclosurePennsylvania Supreme Court fraud and reliance analysisPorreco v. Porreco, 571 Pa. 61, 811 A.2d 566 (2002) (opinion announcing judgment) · case reporter

Porreco concluded that the claimed ring-value misrepresentation lacked justifiable reliance and remanded the distinct confidential-relationship issue.

Scoped statutory propositions

  • Porreco concluded that the claimed ring-value misrepresentation lacked justifiable reliance and remanded the distinct confidential-relationship issue.
  • The cited writing is an opinion announcing the judgment and addressed a narrow fraud issue; counsel must assess its precedential scope and later treatment.

Questions for counsel

  • What specific representation, reliance, injury, and relationship evidence is supported?
Justia reproduction of Pennsylvania appellate opinionReviewed 2026-07-22Open cited source ↗
spousal supportPennsylvania Supreme Court support-clause constructionMusko v. Musko, 548 Pa. 378, 697 A.2d 255 (1997) · case reporter

Musko's majority enforced reciprocal language barring money, property, alimony, or support as unambiguously reaching alimony pendente lite even though the clause did not use that exact statutory term.

Scoped statutory propositions

  • Musko's majority enforced reciprocal language barring money, property, alimony, or support as unambiguously reaching alimony pendente lite even though the clause did not use that exact statutory term.
  • Musko is a clause-specific construction decision; it does not make every general support waiver sufficient.

Questions for counsel

  • Does the complete clause unambiguously reach the specific support remedy requested?
Justia reproduction of Pennsylvania appellate opinionReviewed 2026-07-22Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Pennsylvania guide →View machine-readable package →
RI

Rhode Island

Version
ri-2026-07-22.3
Checked
2026-07-22
Effective through
2026-07-22
Resources
17
Research tier
section verified
Source health
current with manual checks

Rhode Island Uniform Premarital Agreement Act, R.I. Gen. Laws §§ 15-17-1–11, with exact current sections, the July 1, 1987 applicability checkpoint, and qualified Supreme Court interpretations.

propertyformalitiespermitted subjectschild supporteffective dateamendment revocationvoluntarinessfinancial disclosurepublic assistancespousal supportvoid marriagelimitationsindependent counsel
MaintenanceNext package review due 2026-10-2016 access checks · 4 later-authority searches
propertyRhode Island definitionsR.I. Gen. Laws § 15-17-1 · statute

A premarital agreement is an agreement between prospective spouses made in contemplation of marriage and effective upon marriage; property includes broad present, future, legal, equitable, income, and earnings interests.

Scoped statutory propositions

  • A premarital agreement is an agreement between prospective spouses made in contemplation of marriage and effective upon marriage; property includes broad present, future, legal, equitable, income, and earnings interests.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Does the document and disputed interest fit the statutory definitions?
Rhode Island General AssemblyReviewed 2026-07-22Open cited source ↗
formalitiesRhode Island writing and signature requirementsR.I. Gen. Laws § 15-17-2 · statute

A premarital agreement must be in writing and signed by both parties and is enforceable without consideration.

Scoped statutory propositions

  • A premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Is the complete agreement, including every incorporated schedule, signed by both parties?
Rhode Island General AssemblyReviewed 2026-07-22Open cited source ↗
permitted subjectsRhode Island permitted subjectsR.I. Gen. Laws § 15-17-3(a) · statute

Permitted subjects include property rights and management, disposition on specified events, spousal support, estate planning, life insurance, governing law, and other lawful personal rights and obligations.

Scoped statutory propositions

  • Permitted subjects include property rights and management, disposition on specified events, spousal support, estate planning, life insurance, governing law, and other lawful personal rights and obligations.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Does each material clause fit a permitted subject and remain consistent with public policy?
Rhode Island General AssemblyReviewed 2026-07-22Open cited source ↗
child supportRhode Island child-support restrictionR.I. Gen. Laws § 15-17-3(b) · statute

A premarital agreement may not adversely affect a child's right to support.

Scoped statutory propositions

  • A premarital agreement may not adversely affect a child's right to support.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Could any term adversely affect a child's support right?
Rhode Island General AssemblyReviewed 2026-07-22Open cited source ↗
effective dateRhode Island effect of marriageR.I. Gen. Laws § 15-17-4 · statute

A premarital agreement becomes effective upon marriage.

Scoped statutory propositions

  • A premarital agreement becomes effective upon marriage.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Did the contemplated marriage occur, and when did the agreement become effective?
Rhode Island General AssemblyReviewed 2026-07-22Open cited source ↗
amendment revocationRhode Island amendment and revocationR.I. Gen. Laws § 15-17-5 · statute

After marriage, amendment or revocation requires a written agreement signed by both parties and is enforceable without consideration.

Scoped statutory propositions

  • After marriage, amendment or revocation requires a written agreement signed by both parties and is enforceable without consideration.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Is every claimed post-marriage change supported by the required signed writing?
Rhode Island General AssemblyReviewed 2026-07-22Open cited source ↗
voluntarinessRhode Island conjunctive unenforceability ruleR.I. Gen. Laws § 15-17-6(a)–(b) · statute

The challenger must prove involuntary execution and execution-time unconscionability together with all three disclosure, waiver, and knowledge conditions; every required element carries a clear-and-convincing evidence burden.

Scoped statutory propositions

  • The challenger must prove involuntary execution and execution-time unconscionability together with all three disclosure, waiver, and knowledge conditions; every required element carries a clear-and-convincing evidence burden.
  • Rhode Island deliberately uses 'and' between subsections (a)(1) and (a)(2); do not substitute the more common disjunctive UPAA test.

Questions for counsel

  • What evidence proves or defeats every conjunctive element of section 15-17-6?
Rhode Island General AssemblyReviewed 2026-07-22Open cited source ↗
financial disclosureRhode Island disclosure, waiver, and knowledge conditionsR.I. Gen. Laws § 15-17-6(a)(2)(i)–(iii) · statute

The challenger must prove no fair and reasonable disclosure, no voluntary express written waiver of additional disclosure, and no actual or reasonably available adequate knowledge of the other party's property or financial obligations.

Scoped statutory propositions

  • The challenger must prove no fair and reasonable disclosure, no voluntary express written waiver of additional disclosure, and no actual or reasonably available adequate knowledge of the other party's property or financial obligations.
  • These conditions operate with the separate involuntariness and execution-time unconscionability requirements.

Questions for counsel

  • What evidence addresses each disclosure, waiver, and knowledge condition?
Rhode Island General AssemblyReviewed 2026-07-22Open cited source ↗
public assistanceRhode Island public-assistance support safeguardR.I. Gen. Laws § 15-17-6(c) · statute

A court may require support to the extent necessary to avoid public-assistance eligibility caused by a support modification or elimination at separation or dissolution.

Scoped statutory propositions

  • A court may require support to the extent necessary to avoid public-assistance eligibility caused by a support modification or elimination at separation or dissolution.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • Could the support term trigger the limited public-assistance safeguard?
Rhode Island General AssemblyReviewed 2026-07-22Open cited source ↗
spousal supportRhode Island judicial unconscionability determinationR.I. Gen. Laws § 15-17-6(d) · statute

The court decides execution-time unconscionability as a matter of law, while the statutory support safeguard remains separately available.

Scoped statutory propositions

  • The court decides execution-time unconscionability as a matter of law, while the statutory support safeguard remains separately available.
  • Unconscionability alone is not enough to invalidate an agreement under Rhode Island's conjunctive subsection (a).

Questions for counsel

  • What execution-time evidence and support consequences require judicial analysis?
Rhode Island General AssemblyReviewed 2026-07-22Open cited source ↗
void marriageRhode Island void-marriage ruleR.I. Gen. Laws § 15-17-7 · statute

If a marriage is void, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

Scoped statutory propositions

  • If a marriage is void, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • How could disputed marriage validity affect the available relief?
Rhode Island General AssemblyReviewed 2026-07-22Open cited source ↗
limitationsRhode Island limitation-of-actions ruleR.I. Gen. Laws § 15-17-8 · statute

An applicable limitations period for relief under a premarital agreement is tolled during marriage, while equitable time defenses including laches and estoppel remain available.

Scoped statutory propositions

  • An applicable limitations period for relief under a premarital agreement is tolled during marriage, while equitable time defenses including laches and estoppel remain available.
  • Application remains fact-specific and requires current licensed-counsel review.

Questions for counsel

  • How do statutory tolling and equitable defenses affect the claim timeline?
Rhode Island General AssemblyReviewed 2026-07-22Open cited source ↗
limitationsRhode Island uniformity, short title, and enactment historyR.I. Gen. Laws §§ 15-17-9–11; P.L. 1987, ch. 449, § 1 · statute

Rhode Island directs uniform construction, identifies the chapter as the Uniform Premarital Agreement Act, preserves severable applications, and traces every current section to the 1987 enactment.

Scoped statutory propositions

  • Rhode Island directs uniform construction, identifies the chapter as the Uniform Premarital Agreement Act, preserves severable applications, and traces every current section to the 1987 enactment.
  • The current codification's history notes list only P.L. 1987, ch. 449, § 1; counsel must continue checking later legislation and decisions.

Questions for counsel

  • Does historical text, uniform construction, or severability affect the issue?
Rhode Island General AssemblyReviewed 2026-07-22Open cited source ↗
effective dateRhode Island Supreme Court first interpretation and applicabilityPenhallow v. Penhallow, 649 A.2d 1016 (R.I. 1994) · case reporter

Penhallow states that the Act governs premarital agreements executed on or after July 1, 1987 and holds that unconscionability alone does not defeat an agreement under Rhode Island's conjunctive test.

Scoped statutory propositions

  • Penhallow states that the Act governs premarital agreements executed on or after July 1, 1987 and holds that unconscionability alone does not defeat an agreement under Rhode Island's conjunctive test.
  • Penhallow reserved a due-process question involving conclusively proven extreme involuntariness; counsel must not overstate the decision beyond its record.

Questions for counsel

  • Does the Act apply, and can the challenger prove every required element?
Justia reproduction of Rhode Island Supreme Court opinionReviewed 2026-07-22Open cited source ↗
independent counselRhode Island Supreme Court enforcement and counsel analysisMarsocci v. Marsocci, 911 A.2d 690 (R.I. 2006) · case reporter

Marsocci enforces the conjunctive clear-and-convincing burden, rejects independent counsel as a condition of enforceability, and treats counsel as a significant voluntariness consideration.

Scoped statutory propositions

  • Marsocci enforces the conjunctive clear-and-convincing burden, rejects independent counsel as a condition of enforceability, and treats counsel as a significant voluntariness consideration.
  • Marsocci upheld the agreement because the challenger failed to prove every statutory element; no single factor was automatically dispositive.

Questions for counsel

  • How do the counsel, execution, and disclosure facts compare with Marsocci?
Justia reproduction of Rhode Island Supreme Court opinionReviewed 2026-07-22Open cited source ↗
propertyRhode Island Supreme Court property-scope limitMarsocci v. Marsocci, 911 A.2d 690, 699 (R.I. 2006) · case reporter

Marsocci held that the agreement before it did not preclude equitable distribution of transmuted premarital assets or active appreciation resulting from either spouse's marital efforts under section 15-5-16.1(b).

Scoped statutory propositions

  • Marsocci held that the agreement before it did not preclude equitable distribution of transmuted premarital assets or active appreciation resulting from either spouse's marital efforts under section 15-5-16.1(b).
  • This was an agreement-specific statutory intersection, not a rule that all appreciation or transformed property is always divisible.

Questions for counsel

  • Does this agreement expressly address the asset change or appreciation at issue?
Justia reproduction of Rhode Island Supreme Court opinionReviewed 2026-07-22Open cited source ↗
propertyRhode Island Supreme Court plain-language property constructionBoschetto v. Boschetto, 224 A.3d 824 (R.I. 2020) · court opinion

Boschetto applied ordinary contract meaning to distinguish active account contributions from appreciation where the agreement used 'contributions' and was silent about appreciation.

Scoped statutory propositions

  • Boschetto applied ordinary contract meaning to distinguish active account contributions from appreciation where the agreement used 'contributions' and was silent about appreciation.
  • Boschetto did not involve an enforceability challenge; it construed the specific agreement and applied equitable-distribution law to uncovered property.

Questions for counsel

  • What does the agreement's exact language cover, and what remains outside it?
Rhode Island JudiciaryReviewed 2026-07-22Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Rhode Island guide →View machine-readable package →
SC

South Carolina

Version
sc-2026-07-23.3
Checked
2026-07-23
Effective through
2026-07-23
Resources
21
Research tier
section verified
Source health
current

South Carolina section 20-3-630, the Hardee and Holler enforcement framework, Gilley scope authority, probate waivers, mandatory child law, and historical checkpoints.

formalitiespropertyindependent counselfinancial disclosurevoluntarinesstiminglimitationsspousal supportpermitted subjectseffective dateamendment revocationchild support
MaintenanceNext package review due 2026-10-210 access checks · 13 later-authority searches
formalitiesSouth Carolina written property-contract ruleS.C. Code Ann. § 20-3-630(A)(4) · official guidance

Property excluded by a written contract is nonmarital property, and the statute expressly includes antenuptial agreements.

Scoped statutory propositions

  • Property excluded by a written contract is nonmarital property, and the statute expressly includes antenuptial agreements.
  • This property-classification section is not the complete enforcement test.

Questions for counsel

  • Is every claimed property exclusion in the complete written agreement?
South Carolina LegislatureReviewed 2026-07-23Open cited source ↗
propertySouth Carolina agreed nonmarital-property classificationS.C. Code Ann. § 20-3-630(A)(4)–(B) · official guidance

A qualifying written contract may exclude property from the marital estate, which the family court may not apportion.

Scoped statutory propositions

  • A qualifying written contract may exclude property from the marital estate, which the family court may not apportion.
  • Classification, tracing, scope, and validity remain separate questions.

Questions for counsel

  • Which assets, proceeds, and increases does the exclusion reach?
South Carolina LegislatureReviewed 2026-07-23Open cited source ↗
independent counselSouth Carolina separate-counsel statutory safeguardS.C. Code Ann. § 20-3-630(A)(4) · official guidance

The statutory presumptively-fair treatment references voluntary execution with both parties separately represented by counsel.

Scoped statutory propositions

  • The statutory presumptively-fair treatment references voluntary execution with both parties separately represented by counsel.
  • A counsel recital does not conclusively prove validity or cure fraud, duress, or nondisclosure.

Questions for counsel

  • Was each party separately represented by independent counsel?
South Carolina LegislatureReviewed 2026-07-23Open cited source ↗
financial disclosureSouth Carolina full-financial-disclosure safeguardS.C. Code Ann. § 20-3-630(A)(4) · official guidance

The statutory presumptively-fair treatment references full disclosure of income, debts, and assets.

Scoped statutory propositions

  • The statutory presumptively-fair treatment references full disclosure of income, debts, and assets.
  • Compare schedules, source documents, timing, and material omissions rather than relying on a recital.

Questions for counsel

  • What financial information was actually exchanged before signing?
South Carolina LegislatureReviewed 2026-07-23Open cited source ↗
voluntarinessSouth Carolina premarital-agreement frameworkHoller v. Holler, 364 S.C. 256, 612 S.E.2d 469 (Ct. App. 2005) · court opinion

Holler applies safeguards against duress, fraud, deceit, misrepresentation, overreaching, and unconscionability.

Scoped statutory propositions

  • Holler applies safeguards against duress, fraud, deceit, misrepresentation, overreaching, and unconscionability.
  • Holler affirmed nonenforcement on its particular record; no single circumstance is automatically dispositive.

Questions for counsel

  • What evidence addresses each asserted execution defect?
South Carolina Judicial BranchReviewed 2026-07-23Open cited source ↗
voluntarinessSouth Carolina premarital duress testHoller v. Holler, 364 S.C. 256, 267–69, 612 S.E.2d 469, 475–76 (Ct. App. 2005) · court opinion

Holler asks whether coercion created fear of material harm, destroyed free agency, and caused an act not otherwise performed.

Scoped statutory propositions

  • Holler asks whether coercion created fear of material harm, destroyed free agency, and caused an act not otherwise performed.
  • Wedding pressure must be assessed with timing, comprehension, dependence, and the full record.

Questions for counsel

  • What pressure allegedly destroyed free agency and caused the signature?
South Carolina Judicial BranchReviewed 2026-07-23Open cited source ↗
voluntarinessSouth Carolina comprehension and language evidenceHoller v. Holler, 364 S.C. 256, 612 S.E.2d 469 (Ct. App. 2005) · court opinion

Limited English proficiency, lack of explanation or translation, and the signing setting may bear on voluntary and informed execution.

Scoped statutory propositions

  • Limited English proficiency, lack of explanation or translation, and the signing setting may bear on voluntary and informed execution.
  • Language difference is relevant evidence, not a categorical rule.

Questions for counsel

  • Could each party understand the agreement, and what reliable explanation was provided?
South Carolina Judicial BranchReviewed 2026-07-23Open cited source ↗
timingSouth Carolina signing-timeline inquiryHoller v. Holler, 364 S.C. 256, 612 S.E.2d 469 (Ct. App. 2005); Hardee v. Hardee, 355 S.C. 382, 585 S.E.2d 501 (2003) · court opinion

South Carolina has no fixed statutory waiting period; delivery, advice, disclosure, signing, and wedding timing remain fact-specific evidence.

Scoped statutory propositions

  • South Carolina has no fixed statutory waiting period; delivery, advice, disclosure, signing, and wedding timing remain fact-specific evidence.
  • Neither case creates a numerical safe harbor for late presentation.

Questions for counsel

  • What does the complete draft-to-wedding chronology show?
South Carolina Judicial BranchReviewed 2026-07-23Open cited source ↗
limitationsSouth Carolina Supreme Court three-part enforcement testHardee v. Hardee, 355 S.C. 382, 390–92, 585 S.E.2d 501, 505–06 (2003) · court opinion

Hardee reviews procurement defects, unconscionability, and changed circumstances making enforcement unfair and unreasonable.

Scoped statutory propositions

  • Hardee reviews procurement defects, unconscionability, and changed circumstances making enforcement unfair and unreasonable.
  • The inquiries apply to the challenged clause and facts; Hardee's result was record-specific.

Questions for counsel

  • What evidence addresses all three Hardee inquiries?
South Carolina Judicial BranchReviewed 2026-07-23Open cited source ↗
limitationsSouth Carolina unconscionability standardHardee v. Hardee, 355 S.C. 382, 390, 585 S.E.2d 501, 505 (2003) · court opinion

Unconscionability requires absence of meaningful choice together with terms so oppressive no reasonable person would make and no fair person accept them.

Scoped statutory propositions

  • Unconscionability requires absence of meaningful choice together with terms so oppressive no reasonable person would make and no fair person accept them.
  • Disparity alone should not replace the complete test or later-authority review.

Questions for counsel

  • Does the evidence establish both parts of the standard?
South Carolina Judicial BranchReviewed 2026-07-23Open cited source ↗
limitationsSouth Carolina enforcement-time fairness inquiryHardee v. Hardee, 355 S.C. 382, 585 S.E.2d 501 (2003) · court opinion

Hardee asks whether post-execution circumstances make enforcing the challenged provision unfair and unreasonable.

Scoped statutory propositions

  • Hardee asks whether post-execution circumstances make enforcing the challenged provision unfair and unreasonable.
  • Known serious health conditions supported Hardee's result; unknown later developments require fresh analysis.

Questions for counsel

  • Which later facts materially changed, and would enforcement now be unfair?
South Carolina Judicial BranchReviewed 2026-07-23Open cited source ↗
spousal supportSouth Carolina premarital support-waiver authorityHardee v. Hardee, 355 S.C. 382, 585 S.E.2d 501 (2003) · court opinion

Premarital waivers of alimony, support, and attorney fees are not per se unconscionable or automatically against public policy.

Scoped statutory propositions

  • Premarital waivers of alimony, support, and attorney fees are not per se unconscionable or automatically against public policy.
  • Not per se void does not mean automatically enforceable.

Questions for counsel

  • Does the clause reach the requested relief and survive every Hardee inquiry?
South Carolina Judicial BranchReviewed 2026-07-23Open cited source ↗
permitted subjectsSouth Carolina agreement-scope constructionHardee v. Hardee, 355 S.C. 382, 585 S.E.2d 501 (2003) · court opinion

Hardee held the agreement did not bar division of later-acquired property where its text left that property unaffected.

Scoped statutory propositions

  • Hardee held the agreement did not bar division of later-acquired property where its text left that property unaffected.
  • Validity cannot expand an agreement beyond its language.

Questions for counsel

  • What property and remedy does the text actually cover?
South Carolina Judicial BranchReviewed 2026-07-23Open cited source ↗
propertySouth Carolina property-forum and waiver scopeGilley v. Gilley, 327 S.C. 8, 488 S.E.2d 310 (1997) · court opinion

A valid waiver may remove equitable-division and support claims from family court while leaving ordinary ownership claims for another court.

Scoped statutory propositions

  • A valid waiver may remove equitable-division and support claims from family court while leaving ordinary ownership claims for another court.
  • Gilley is a scope and jurisdiction decision, not the complete validity test.

Questions for counsel

  • Is the claim a waived marital remedy or an independent ownership claim?
South Carolina Judicial BranchReviewed 2026-07-23Open cited source ↗
effective dateSouth Carolina marriage-condition effectivenessHoller v. Holler, 364 S.C. 256, 612 S.E.2d 469 (Ct. App. 2005) · court opinion

A premarital agreement is made in contemplation of marriage, and marriage supplies consideration.

Scoped statutory propositions

  • A premarital agreement is made in contemplation of marriage, and marriage supplies consideration.
  • Present transfers or independent contracts may have different effective rules.

Questions for counsel

  • Did the contemplated marriage occur, and which agreement governed?
South Carolina Judicial BranchReviewed 2026-07-23Open cited source ↗
amendment revocationSouth Carolina amendment and revocation boundaryS.C. Code Ann. § 20-3-630(A)(4); Hardee v. Hardee, 355 S.C. 382, 585 S.E.2d 501 (2003) · court opinion

South Carolina has no uniform-act amendment section; any change requires proof under the instrument and current contract and marital-property law.

Scoped statutory propositions

  • South Carolina has no uniform-act amendment section; any change requires proof under the instrument and current contract and marital-property law.
  • This record flags a statutory gap and does not infer that an oral or postmarital change is valid.

Questions for counsel

  • Was the later act an effective modification, revocation, transfer, or merely inconsistent conduct?
South Carolina Judicial BranchReviewed 2026-07-23Open cited source ↗
child supportSouth Carolina child best-interests boundaryS.C. Code Ann. §§ 63-15-30, 63-15-40, 63-15-240 · official guidance

Custody is governed by the child's current best interests and statutory factors, not predetermined by a premarital term.

Scoped statutory propositions

  • Custody is governed by the child's current best interests and statutory factors, not predetermined by a premarital term.
  • A parental statement may be evidence but cannot displace current child-focused duties.

Questions for counsel

  • Does any term attempt to bind the court without a current best-interests analysis?
South Carolina LegislatureReviewed 2026-07-23Open cited source ↗
child supportSouth Carolina child-support guideline boundaryS.C. Code Ann. § 63-17-470(A); S.C. Code Regs. 114-4710 · official guidance

A support proceeding applies a rebuttable guideline presumption; a premarital term cannot conclusively control a future award.

Scoped statutory propositions

  • A support proceeding applies a rebuttable guideline presumption; a premarital term cannot conclusively control a future award.
  • Current regulations, income, deviations, and amendments require review when support is decided.

Questions for counsel

  • Does any term waive or cap support without guideline and judicial review?
South Carolina LegislatureReviewed 2026-07-23Open cited source ↗
propertySouth Carolina surviving-spouse waiver formalitiesS.C. Code Ann. § 62-2-204(A)–(B) · official guidance

Elective-share, homestead, and exempt-property rights may be waived by a voluntarily signed writing after fair and reasonable written financial disclosures.

Scoped statutory propositions

  • Elective-share, homestead, and exempt-property rights may be waived by a voluntarily signed writing after fair and reasonable written financial disclosures.
  • The probate test is distinct from divorce enforcement.

Questions for counsel

  • Does the death-right waiver satisfy every current section 62-2-204 requirement?
South Carolina LegislatureReviewed 2026-07-23Open cited source ↗
effective dateSouth Carolina 2008 probate-disclosure transition2008 S.C. Acts 173; S.C. Code Ann. § 62-2-204 · official guidance

The 2008 amendment added written disclosure and applies to waivers executed after February 4, 2008.

Scoped statutory propositions

  • The 2008 amendment added written disclosure and applies to waivers executed after February 4, 2008.
  • A later restatement or amendment may have its own execution date.

Questions for counsel

  • Which text governed when the waiver was executed?
South Carolina LegislatureReviewed 2026-07-23Open cited source ↗
effective dateSouth Carolina common-law applicability boundaryStork v. First Nat'l Bank of S.C., 281 S.C. 515, 316 S.E.2d 400 (1984); Hardee v. Hardee, 355 S.C. 382, 585 S.E.2d 501 (2003) · court opinion

South Carolina has no UPAA or UPMAA applicability schedule; execution date and then-current statutes and cases govern.

Scoped statutory propositions

  • South Carolina has no UPAA or UPMAA applicability schedule; execution date and then-current statutes and cases govern.
  • Do not import another state's uniform-act elements or assume current code text is retroactive.

Questions for counsel

  • Which law governed the agreement and each later instrument?
South Carolina Judicial BranchReviewed 2026-07-23Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the South Carolina guide →View machine-readable package →
SD

South Dakota

Version
sd-2026-07-22.3
Checked
2026-07-22
Effective through
2026-07-22
Resources
13
Research tier
section verified
Source health
current

South Dakota Uniform Premarital Agreement Act, S.D. Codified Laws §§ 25-2-16–25, with exact sections, 1989 enactment history, and the Charlson and Eichstadt interpretations.

propertyformalitiespermitted subjectschild supporteffective dateamendment revocationvoluntarinessfinancial disclosurevoid marriagelimitationsindependent counsel
MaintenanceNext package review due 2026-10-200 access checks · 2 later-authority searches
propertySouth Dakota statutory definitionsS.D. Codified Laws § 25-2-16 · statute

South Dakota defines a premarital agreement as one between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.

Scoped statutory propositions

  • South Dakota defines a premarital agreement as one between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.
  • The section was enacted by 1989 Session Laws chapter 216, section 1.

Questions for counsel

  • Does the document fit the statutory definition, and which interests fall within its property terms?
South Dakota LegislatureReviewed 2026-07-22Open cited source ↗
formalitiesSouth Dakota writing and signature requirementsS.D. Codified Laws § 25-2-17 · statute

A South Dakota premarital agreement must be in writing and signed by both parties and is enforceable without consideration.

Scoped statutory propositions

  • A South Dakota premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
  • The section was enacted by 1989 Session Laws chapter 216, section 2.

Questions for counsel

  • Is the complete agreement, including every incorporated schedule, written and signed by both parties?
South Dakota LegislatureReviewed 2026-07-22Open cited source ↗
permitted subjectsSouth Dakota permitted agreement subjectsS.D. Codified Laws § 25-2-18(a) · statute

South Dakota lists property rights and management, disposition, estate-planning arrangements, life-insurance benefits, choice of law, and other lawful personal rights and obligations as permitted subjects.

Scoped statutory propositions

  • South Dakota lists property rights and management, disposition, estate-planning arrangements, life-insurance benefits, choice of law, and other lawful personal rights and obligations as permitted subjects.
  • Unlike the model UPAA list used in many states, section 25-2-18 does not expressly list modification or elimination of spousal support; the legal consequence of any support term requires attorney analysis rather than inference from that omission.

Questions for counsel

  • Does the agreement contain a support term, and how does current South Dakota authority treat it despite the statutory list's omission?
South Dakota LegislatureReviewed 2026-07-22Open cited source ↗
child supportSouth Dakota child-support limitationS.D. Codified Laws § 25-2-18(b) · statute

A South Dakota premarital agreement may not adversely affect a child's right to support.

Scoped statutory propositions

  • A South Dakota premarital agreement may not adversely affect a child's right to support.
  • Child-related language requires separate review under current South Dakota law.

Questions for counsel

  • Does any provision purport to adversely affect a child's support right?
South Dakota LegislatureReviewed 2026-07-22Open cited source ↗
effective dateSouth Dakota effect of marriageS.D. Codified Laws § 25-2-19 · statute

A South Dakota premarital agreement becomes effective upon marriage.

Scoped statutory propositions

  • A South Dakota premarital agreement becomes effective upon marriage.
  • Keep execution and marriage dates distinct in the evidence timeline.

Questions for counsel

  • Did the contemplated marriage occur, and on what date did the agreement become effective?
South Dakota LegislatureReviewed 2026-07-22Open cited source ↗
amendment revocationSouth Dakota amendment and revocation formalitiesS.D. Codified Laws § 25-2-20 · statute

After marriage, amendment or revocation requires a written agreement signed by the parties and is enforceable without consideration.

Scoped statutory propositions

  • After marriage, amendment or revocation requires a written agreement signed by the parties and is enforceable without consideration.
  • Every claimed change should be matched to the operative signed writing.

Questions for counsel

  • Are all claimed amendments or revocations written and signed by both parties?
South Dakota LegislatureReviewed 2026-07-22Open cited source ↗
voluntarinessSouth Dakota voluntary-execution safeguardS.D. Codified Laws § 25-2-21(a)(1) · statute

The party resisting enforcement in South Dakota may prove that the agreement was not executed voluntarily.

Scoped statutory propositions

  • The party resisting enforcement in South Dakota may prove that the agreement was not executed voluntarily.
  • Preserve the complete negotiation and signing timeline, counsel communications, representations, and surrounding circumstances.

Questions for counsel

  • What admissible evidence bears on voluntary execution under section 25-2-21 and current South Dakota decisions?
South Dakota LegislatureReviewed 2026-07-22Open cited source ↗
financial disclosureSouth Dakota unconscionability and disclosure safeguardS.D. Codified Laws § 25-2-21(a)(2), (b) · statute

South Dakota's execution-time unconscionability ground also requires all three statutory disclosure conditions: no fair and reasonable disclosure, no voluntary express written waiver, and no adequate knowledge of the other party's property or financial obligations.

Scoped statutory propositions

  • South Dakota's execution-time unconscionability ground also requires all three statutory disclosure conditions: no fair and reasonable disclosure, no voluntary express written waiver, and no adequate knowledge of the other party's property or financial obligations.
  • The court decides unconscionability as a matter of law.

Questions for counsel

  • What evidence addresses every part of section 25-2-21(a)(2)?
South Dakota LegislatureReviewed 2026-07-22Open cited source ↗
void marriageSouth Dakota void-marriage ruleS.D. Codified Laws § 25-2-22 · statute

If a marriage is void, an otherwise premarital agreement is enforceable only as necessary to avoid an inequitable result.

Scoped statutory propositions

  • If a marriage is void, an otherwise premarital agreement is enforceable only as necessary to avoid an inequitable result.
  • The section does not itself determine relief.

Questions for counsel

  • How could section 25-2-22 affect relief if marriage validity is disputed?
South Dakota LegislatureReviewed 2026-07-22Open cited source ↗
limitationsSouth Dakota limitation-of-actions ruleS.D. Codified Laws § 25-2-23 · statute

South Dakota tolls an applicable limitations period for a claim under a premarital agreement during marriage while preserving equitable time defenses including laches and estoppel.

Scoped statutory propositions

  • South Dakota tolls an applicable limitations period for a claim under a premarital agreement during marriage while preserving equitable time defenses including laches and estoppel.
  • Claim timing still requires fact-specific review.

Questions for counsel

  • How do tolling and equitable defenses affect the claim timeline?
South Dakota LegislatureReviewed 2026-07-22Open cited source ↗
limitationsSouth Dakota uniformity, short title, and enactment historyS.D. Codified Laws §§ 25-2-24–25 · statute

South Dakota directs uniform construction of sections 25-2-16 through 25-2-25 and designates them as the Uniform Premarital Agreement Act.

Scoped statutory propositions

  • South Dakota directs uniform construction of sections 25-2-16 through 25-2-25 and designates them as the Uniform Premarital Agreement Act.
  • The official source notes trace the ten sections to 1989 Session Laws chapter 216, sections 1 through 10.

Questions for counsel

  • Does the agreement date or a later amendment require review of historical text or intervening decisions?
South Dakota LegislatureReviewed 2026-07-22Open cited source ↗
propertySouth Dakota Supreme Court tracing and constructionCharlson v. Charlson, 2017 S.D. 11 · court opinion

Charlson affirmed enforcement and whole-document construction of a premarital agreement whose unambiguous terms preserved separate property despite commingling and permitted contract-specific tracing and marital-loan accounting.

Scoped statutory propositions

  • Charlson affirmed enforcement and whole-document construction of a premarital agreement whose unambiguous terms preserved separate property despite commingling and permitted contract-specific tracing and marital-loan accounting.
  • The result turned on the text of that agreement, its schedules, and detailed tracing evidence rather than a universal commingling rule.

Questions for counsel

  • What does this agreement say about commingling, tracing, proceeds, loans, and the burden of proving each asset's character?
South Dakota Unified Judicial SystemReviewed 2026-07-22Open cited source ↗
independent counselSouth Dakota Supreme Court voluntariness and disclosure analysisIn re Estate of Eichstadt, 2022 S.D. 78 · court opinion

Eichstadt places the burden on the party avoiding enforcement, reviews voluntariness under the execution circumstances, and requires the separate statutory disclosure findings before an unconscionability ruling.

Scoped statutory propositions

  • Eichstadt places the burden on the party avoiding enforcement, reviews voluntariness under the execution circumstances, and requires the separate statutory disclosure findings before an unconscionability ruling.
  • In the estate dispute, the court affirmed the fact finding of involuntary execution based on the record but reversed the unconscionability determination because the required disclosure analysis was missing; it also explained that disclosure should reasonably approximate the magnitude of net worth.

Questions for counsel

  • How do Eichstadt's fact-specific voluntariness analysis and separate disclosure requirements apply to the preserved evidence here?
South Dakota Unified Judicial SystemReviewed 2026-07-22Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the South Dakota guide →View machine-readable package →
TN

Tennessee

Version
tn-2026-07-23.3
Checked
2026-07-23
Effective through
2026-07-23
Resources
22
Research tier
section verified
Source health
current with manual checks

Tennessee writing and section 36-3-501 safeguards; Randolph, Boote, Walker, Stokes, and Cary; property, support, child-law, probate, and historical boundaries.

formalitiesvoluntarinessfinancial disclosureindependent counseltimingpermitted subjectspropertyspousal supportlimitationsamendment revocationchild supporteffective date
MaintenanceNext package review due 2026-10-218 access checks · 15 later-authority searches
formalitiesTennessee marriage-agreement writing ruleTenn. Code Ann. § 29-2-101(a)(3), (c) · statute

An action on an agreement made upon consideration of marriage generally requires a writing or record signed by the party to be charged.

Scoped statutory propositions

  • An action on an agreement made upon consideration of marriage generally requires a writing or record signed by the party to be charged.
  • This statute-of-frauds rule does not resolve incorporated schedules, exceptions, land, probate, or every remedy.

Questions for counsel

  • Is the complete agreement or sufficient memorandum in a signed writing or record?
Public reproduction of Tennessee CodeReviewed 2026-07-23Open cited source ↗
voluntarinessTennessee statutory premarital-enforcement safeguardsTenn. Code Ann. § 36-3-501 · statute

A premarital agreement concerning premarital property is binding only if entered freely, knowledgeably, in good faith, and without duress or undue influence.

Scoped statutory propositions

  • A premarital agreement concerning premarital property is binding only if entered freely, knowledgeably, in good faith, and without duress or undue influence.
  • The proponent bears the judicially interpreted burden; a signed recital is not conclusive.

Questions for counsel

  • What evidence establishes every statutory safeguard?
Public reproduction of Tennessee CodeReviewed 2026-07-23Open cited source ↗
financial disclosureTennessee incomplete-disclosure applicationIn re Estate of Lester Stokes, No. W2021-00249-COA-R3-CV (Tenn. Ct. App. Feb. 17, 2022) · court opinion

Stokes reversed enforcement because key cash, retirement, insurance, and other interests were omitted and full knowledge was not proved.

Scoped statutory propositions

  • Stokes reversed enforcement because key cash, retirement, insurance, and other interests were omitted and full knowledge was not proved.
  • This corrects the prior unrelated M2022-00451 source; Stokes is the real official premarital-waiver opinion.

Questions for counsel

  • Do the schedules disclose the full nature, extent, and value of material holdings?
Tennessee Administrative Office of the CourtsReviewed 2026-07-23Open cited source ↗
voluntarinessTennessee proponent burden and proof standardRandolph v. Randolph, 937 S.W.2d 815, 821 (Tenn. 1996) · court opinion

The party seeking enforcement must prove the statutory prerequisites by a preponderance of the evidence.

Scoped statutory propositions

  • The party seeking enforcement must prove the statutory prerequisites by a preponderance of the evidence.
  • Stokes applies Randolph and corrects an improper clear-and-convincing burden on the challenger.

Questions for counsel

  • Who seeks enforcement, and what proof satisfies each element?
Tennessee Administrative Office of the CourtsReviewed 2026-07-23Open cited source ↗
financial disclosureTennessee full-and-fair disclosure routeRandolph v. Randolph, 937 S.W.2d 815, 821–22 (Tenn. 1996) · court opinion

Knowledgeability may be proved through full and fair disclosure of the nature, extent, and value of the proponent's holdings.

Scoped statutory propositions

  • Knowledgeability may be proved through full and fair disclosure of the nature, extent, and value of the proponent's holdings.
  • Required disclosure varies with sophistication, substantive terms, and the parties' circumstances.

Questions for counsel

  • What information gave a clear idea of the holdings before execution?
Tennessee Administrative Office of the CourtsReviewed 2026-07-23Open cited source ↗
financial disclosureTennessee independent-knowledge alternativeRandolph v. Randolph, 937 S.W.2d 815, 821–22 (Tenn. 1996) · court opinion

The proponent may instead prove the resisting spouse independently knew the full nature, extent, and value of the holdings.

Scoped statutory propositions

  • The proponent may instead prove the resisting spouse independently knew the full nature, extent, and value of the holdings.
  • General awareness of wealth is not automatically enough; Randolph identifies multiple fact-specific factors.

Questions for counsel

  • What proves independent knowledge of the full financial picture?
Tennessee Administrative Office of the CourtsReviewed 2026-07-23Open cited source ↗
financial disclosureTennessee approximate-value boundaryRandolph v. Randolph, 937 S.W.2d 815 (Tenn. 1996); Ellis v. Ellis, No. E2013-02408-COA-R9-CV · court opinion

Precise valuation of every asset is not invariably required, but disclosure must give a clear idea of the nature, extent, and value of property and resources.

Scoped statutory propositions

  • Precise valuation of every asset is not invariably required, but disclosure must give a clear idea of the nature, extent, and value of property and resources.
  • Approximation is not permission to conceal an asset category or deny a clear financial picture.

Questions for counsel

  • Are approximations informative, and are any material interests omitted?
Tennessee Administrative Office of the CourtsReviewed 2026-07-23Open cited source ↗
voluntarinessTennessee totality-of-circumstances frameworkBoote v. Shivers, 198 S.W.3d 732, 741, 746 (Tenn. Ct. App. 2005) · court opinion

Each statutory element is determined from the totality surrounding negotiation and execution, not the signature moment alone.

Scoped statutory propositions

  • Each statutory element is determined from the totality surrounding negotiation and execution, not the signature moment alone.
  • Boote's result is not a safe harbor for hospital signing or late delivery.

Questions for counsel

  • What does the complete negotiation-and-execution record show?
Tennessee Administrative Office of the CourtsReviewed 2026-07-23Open cited source ↗
independent counselTennessee independent-counsel evidenceBoote v. Shivers, 198 S.W.3d 732, 741 (Tenn. Ct. App. 2005) · court opinion

Separate counsel is not an absolute prerequisite, but Tennessee calls it the best assurance and important evidence of knowledgeable, voluntary execution.

Scoped statutory propositions

  • Separate counsel is not an absolute prerequisite, but Tennessee calls it the best assurance and important evidence of knowledgeable, voluntary execution.
  • Counsel does not automatically cure nondisclosure, bad faith, duress, or lack of understanding.

Questions for counsel

  • What meaningful independent advice did each party receive?
Tennessee Administrative Office of the CourtsReviewed 2026-07-23Open cited source ↗
timingTennessee timing and preparation inquiryBoote v. Shivers, 198 S.W.3d 732 (Tenn. Ct. App. 2005); In re Estate of Lester Stokes, No. W2021-00249-COA-R3-CV · court opinion

Tennessee has no fixed waiting period; delivery, counsel, disclosure, wedding proximity, health, and dependence are evaluated together.

Scoped statutory propositions

  • Tennessee has no fixed waiting period; delivery, counsel, disclosure, wedding proximity, health, and dependence are evaluated together.
  • Boote's longer preparation and Stokes' five-day signing must be read with their different disclosure records.

Questions for counsel

  • What does the full draft-to-wedding chronology show?
Tennessee Administrative Office of the CourtsReviewed 2026-07-23Open cited source ↗
voluntarinessTennessee premarital duress inquiryBoote v. Shivers, 198 S.W.3d 732, 748–50 (Tenn. Ct. App. 2005) · court opinion

Duress involves unlawful restraint, intimidation, or compulsion so severe that it overcomes ordinary free will, assessed in the broader context.

Scoped statutory propositions

  • Duress involves unlawful restraint, intimidation, or compulsion so severe that it overcomes ordinary free will, assessed in the broader context.
  • Boote's hospital-signing result depended on earlier counsel, assent, disclosures, medical evidence, and testimony.

Questions for counsel

  • What allegedly overcame free will, and what does the broader record show?
Tennessee Administrative Office of the CourtsReviewed 2026-07-23Open cited source ↗
voluntarinessTennessee good-faith disclosure dutyWalker v. Walker, No. M2018-01140-COA-R9-CV (Tenn. Ct. App. Jan. 31, 2020) · court opinion

Walker affirmed nonenforcement where the proponent failed to prove good faith after omitting a sensitive property interest.

Scoped statutory propositions

  • Walker affirmed nonenforcement where the proponent failed to prove good faith after omitting a sensitive property interest.
  • Formal schedules and counsel did not cure the record-specific condominium omission.

Questions for counsel

  • Was an omission innocent, material, or inconsistent with the good-faith duty?
Tennessee Administrative Office of the CourtsReviewed 2026-07-23Open cited source ↗
permitted subjectsTennessee statutory premarital-property scopeTenn. Code Ann. § 36-3-501 · statute

Section 36-3-501 expressly covers agreements concerning property owned before marriage and qualifying contract remedies.

Scoped statutory propositions

  • Section 36-3-501 expressly covers agreements concerning property owned before marriage and qualifying contract remedies.
  • Cary addresses alimony; child rights, creditors, and mandatory law require separate analysis.

Questions for counsel

  • Does the challenged clause concern a subject recognized by current Tennessee authority?
Public reproduction of Tennessee CodeReviewed 2026-07-23Open cited source ↗
propertyTennessee marital and separate-property baselineTenn. Code Ann. § 36-4-121(b) · statute

Tennessee defines marital and separate property, including premarital property, income, appreciation, contributions, gifts, and exchanges.

Scoped statutory propositions

  • Tennessee defines marital and separate property, including premarital property, income, appreciation, contributions, gifts, and exchanges.
  • Current classification and tracing law still applies after contract construction.

Questions for counsel

  • How does each asset classify under the statute and agreement?
Public reproduction of Tennessee CodeReviewed 2026-07-23Open cited source ↗
spousal supportTennessee premarital alimony-waiver authorityCary v. Cary, 937 S.W.2d 777, 782 (Tenn. 1996) · court opinion

Cary generally enforces alimony waivers entered freely, knowledgeably, in good faith, and without duress, undue influence, or overreaching.

Scoped statutory propositions

  • Cary generally enforces alimony waivers entered freely, knowledgeably, in good faith, and without duress, undue influence, or overreaching.
  • The linked O'Daniel decision publicly reproduces Cary's rule; retrieve the official reporter and later authority.

Questions for counsel

  • Does the clause reach the requested support and satisfy every safeguard?
Tennessee Administrative Office of the CourtsReviewed 2026-07-23Open cited source ↗
limitationsTennessee public-charge limitationCary v. Cary, 937 S.W.2d 777 (Tenn. 1996); O'Daniel v. O'Daniel, No. E2012-01555-COA-R3-CV · court opinion

An alimony waiver is not enforced to the extent enforcement would render the affected spouse a public charge.

Scoped statutory propositions

  • An alimony waiver is not enforced to the extent enforcement would render the affected spouse a public charge.
  • This is a narrow support limit, not a general fairness rewrite of every agreement.

Questions for counsel

  • Would enforcement render the spouse a public charge?
Tennessee Administrative Office of the CourtsReviewed 2026-07-23Open cited source ↗
amendment revocationTennessee modification and revocation boundaryTenn. Code Ann. §§ 29-2-101, 36-3-501 · statute

Tennessee has no uniform-act amendment section; a claimed change invokes the instrument, statute of frauds, contract law, and postnuptial doctrine.

Scoped statutory propositions

  • Tennessee has no uniform-act amendment section; a claimed change invokes the instrument, statute of frauds, contract law, and postnuptial doctrine.
  • Do not infer effectiveness from oral conduct or a captioned amendment.

Questions for counsel

  • Did the later act validly modify or revoke the agreement?
Public reproduction of Tennessee CodeReviewed 2026-07-23Open cited source ↗
child supportTennessee current child best-interests boundaryTenn. Code Ann. § 36-6-106; 2026 Tenn. Pub. Acts ch. 683 · official guidance

Custody remains governed by current best interests; Public Chapter 683, effective July 1, 2026, adds consideration of meaningful parental participation.

Scoped statutory propositions

  • Custody remains governed by current best interests; Public Chapter 683, effective July 1, 2026, adds consideration of meaningful parental participation.
  • Review the complete codified text and safety restrictions when custody is decided.

Questions for counsel

  • Does any term displace the current best-interests analysis?
Tennessee General AssemblyReviewed 2026-07-23Open cited source ↗
child supportTennessee current child-support guideline boundaryTenn. Comp. R. & Regs. 1240-02-04; Tenn. Code Ann. § 36-5-101(e) · official guidance

Tennessee tribunals apply income-shares guidelines as a rebuttable presumption, so a premarital term cannot conclusively waive future child support.

Scoped statutory propositions

  • Tennessee tribunals apply income-shares guidelines as a rebuttable presumption, so a premarital term cannot conclusively waive future child support.
  • Review current statutes, rules, worksheets, deviations, health care, and 2026 duration amendments.

Questions for counsel

  • Does any clause replace guideline calculation and judicial review?
Tennessee Secretary of StateReviewed 2026-07-23Open cited source ↗
propertyTennessee probate-right waiver applicationBoote v. Shivers, 198 S.W.3d 732 (Tenn. Ct. App. 2005); In re Estate of Lester Stokes, No. W2021-00249-COA-R3-CV · court opinion

Tennessee applies section 36-3-501 and Randolph to waivers of elective share, exempt property, year's support, homestead, and related survivor rights.

Scoped statutory propositions

  • Tennessee applies section 36-3-501 and Randolph to waivers of elective share, exempt property, year's support, homestead, and related survivor rights.
  • Stokes invalidated one waiver; Boote enforced a different one on materially different evidence.

Questions for counsel

  • Which survivor right is waived, and was the waiver entered knowledgeably and in good faith?
Tennessee Administrative Office of the CourtsReviewed 2026-07-23Open cited source ↗
effective dateTennessee marriage-condition effectivenessPerkinson v. Perkinson, 802 S.W.2d 600 (Tenn. 1990); Tenn. Code Ann. § 36-3-501 · court opinion

A premarital agreement is executed before and in contemplation of marriage; the record must confirm that marriage and distinguish later instruments.

Scoped statutory propositions

  • A premarital agreement is executed before and in contemplation of marriage; the record must confirm that marriage and distinguish later instruments.
  • Present transfers, wills, and postnuptial contracts may have different effective rules.

Questions for counsel

  • Did the contemplated marriage occur, and which instrument governed?
Tennessee Administrative Office of the CourtsReviewed 2026-07-23Open cited source ↗
effective dateTennessee statutory and common-law applicability boundaryTenn. Code Ann. § 36-3-501; Perkinson v. Perkinson, 802 S.W.2d 600 (Tenn. 1990); Randolph v. Randolph, 937 S.W.2d 815 (Tenn. 1996) · court opinion

Tennessee has no UPAA or UPMAA applicability schedule; execution date and then-current statutes and decisions govern.

Scoped statutory propositions

  • Tennessee has no UPAA or UPMAA applicability schedule; execution date and then-current statutes and decisions govern.
  • Do not import another state's uniform-act elements or assume retroactivity.

Questions for counsel

  • Which law governs the agreement and each later transaction?
Tennessee Administrative Office of the CourtsReviewed 2026-07-23Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Tennessee guide →View machine-readable package →
TX

Texas

Version
tx-2026-07-18.3
Checked
2026-07-18
Effective through
2025-12-13 rendering
Resources
6
Research tier
section verified
Source health
current

Texas Family Code Chapter 4, Subchapter A: formalities, permitted subjects, child support, effect, amendment, and enforcement.

formalitiespermitted subjectschild supporteffective dateamendment revocationfinancial disclosure
MaintenanceNext package review due 2026-10-160 access checks · 0 later-authority searches
formalitiesTexas premarital-agreement formalitiesTex. Fam. Code § 4.002 · statute

A premarital agreement must be written and signed by both parties.

Scoped statutory propositions

  • A premarital agreement must be written and signed by both parties.
  • The agreement is enforceable without consideration.

Questions for counsel

  • Are the agreement and every incorporated exhibit complete and signed by both parties?
Texas Constitution and StatutesReviewed 2026-07-18Open cited source ↗
permitted subjectsTexas permitted subjectsTex. Fam. Code § 4.003(a) · statute

Texas lists property, disposition, support, estate-planning, insurance, choice-of-law, and other lawful subjects.

Scoped statutory propositions

  • Texas lists property, disposition, support, estate-planning, insurance, choice-of-law, and other lawful subjects.
  • The listed subjects include modification or elimination of spousal support.
  • The listed subjects include wills, trusts, life-insurance death benefits, and choice of law.

Questions for counsel

  • Which provisions require coordinated title, beneficiary, trust, or estate documents?
Texas Constitution and StatutesReviewed 2026-07-18Open cited source ↗
child supportTexas child-support limitationTex. Fam. Code § 4.003(b) · statute

A premarital agreement may not adversely affect a child's right to support.

Scoped statutory propositions

  • A premarital agreement may not adversely affect a child's right to support.

Questions for counsel

  • Does any child-related term reach beyond subjects the parties can resolve in advance?
Texas Constitution and StatutesReviewed 2026-07-18Open cited source ↗
effective dateTexas effective dateTex. Fam. Code § 4.004 · statute

A premarital agreement becomes effective on marriage.

Scoped statutory propositions

  • A premarital agreement becomes effective on marriage.

Questions for counsel

  • Does the draft clearly identify which provisions become effective on marriage?
Texas Constitution and StatutesReviewed 2026-07-18Open cited source ↗
amendment revocationTexas amendment or revocationTex. Fam. Code § 4.005 · statute

After marriage, amendment or revocation requires a written agreement signed by the parties.

Scoped statutory propositions

  • After marriage, amendment or revocation requires a written agreement signed by the parties.
  • The amendment or revocation is enforceable without consideration.

Questions for counsel

  • Does the amendment clause preserve the signed-writing requirement after marriage?
Texas Constitution and StatutesReviewed 2026-07-18Open cited source ↗
financial disclosureTexas voluntariness and financial disclosureTex. Fam. Code § 4.006 · statute

Texas addresses voluntary signing and an unconscionability framework involving disclosure, written waiver, and adequate knowledge.

Scoped statutory propositions

  • Texas addresses voluntary signing and an unconscionability framework involving disclosure, written waiver, and adequate knowledge.
  • The framework addresses fair and reasonable disclosure of property or financial obligations.
  • It also addresses express written waiver of further disclosure and adequate knowledge.
  • The court decides unconscionability as a matter of law.

Questions for counsel

  • What disclosure was actually provided before signing, and how complete was it?
  • If disclosure was waived, does the writing and factual record support the statutory framework?
Texas Constitution and StatutesReviewed 2026-07-18Open cited source ↗
Package limitations
  • This package does not encode Texas case law or determine voluntariness or unconscionability.
  • Attorney review is optional and can add a professional opinion; it is not a prerequisite for using this source-bound research package.
Read the Texas guide →View machine-readable package →
UT

Utah

Version
ut-2026-07-22.3
Checked
2026-07-22
Effective through
2026-07-22
Resources
14
Research tier
section verified
Source health
current with manual checks

Utah Uniform Premarital Agreement Act, Utah Code §§ 81-3-201–208, effective September 1, 2024, with exact sections, recodification history, and the Keyes and Reese interpretations.

effective dateformalitiespermitted subjectschild supportamendment revocationvoluntarinessfinancial disclosurepublic assistancevoid marriagelimitations
MaintenanceNext package review due 2026-10-202 access checks · 2 later-authority searches
effective dateUtah definitions and 2024 recodificationUtah Code § 81-3-201 · statute

Utah defines premarital agreement and broadly defines property to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.

Scoped statutory propositions

  • Utah defines premarital agreement and broadly defines property to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.
  • The part was renumbered and amended by chapter 366 of the 2024 General Session, effective September 1, 2024.

Questions for counsel

  • Does the document fit the definition, and which interests fall within its property terms?
Utah State LegislatureReviewed 2026-07-22Open cited source ↗
formalitiesUtah writing and signature requirementsUtah Code § 81-3-202 · statute

A Utah premarital agreement must be in writing and signed by both parties and is enforceable without consideration.

Scoped statutory propositions

  • A Utah premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
  • The current section is effective September 1, 2024.

Questions for counsel

  • Is the complete agreement, including schedules, written and signed by both parties?
Utah State LegislatureReviewed 2026-07-22Open cited source ↗
permitted subjectsUtah permitted agreement subjectsUtah Code § 81-3-203(1) · statute

Utah lists property, disposition, spousal support, life-insurance death benefits, choice of law, and other lawful personal rights and obligations as permitted subjects.

Scoped statutory propositions

  • Utah lists property, disposition, spousal support, life-insurance death benefits, choice of law, and other lawful personal rights and obligations as permitted subjects.
  • A court may apply either party's domicile law to construction when fair and equitable.

Questions for counsel

  • Could the domicile proviso affect the selected law?
Utah State LegislatureReviewed 2026-07-22Open cited source ↗
child supportUtah child-related limitationsUtah Code § 81-3-203(2) · statute

A Utah premarital agreement may not affect a child's rights to support, health and medical provider expenses, medical insurance, or child-care coverage.

Scoped statutory propositions

  • A Utah premarital agreement may not affect a child's rights to support, health and medical provider expenses, medical insurance, or child-care coverage.
  • The current text cross-references section 81-6-101.

Questions for counsel

  • Does any provision attempt to affect a protected child-related right?
Utah State LegislatureReviewed 2026-07-22Open cited source ↗
effective dateUtah effect of marriageUtah Code § 81-3-204(1) · statute

A Utah premarital agreement becomes effective upon marriage.

Scoped statutory propositions

  • A Utah premarital agreement becomes effective upon marriage.
  • Keep execution and marriage dates distinct.

Questions for counsel

  • Did the contemplated marriage occur?
Utah State LegislatureReviewed 2026-07-22Open cited source ↗
amendment revocationUtah amendment and revocation formalitiesUtah Code § 81-3-204(2) · statute

After marriage, amendment or revocation requires a written agreement signed by both parties and is enforceable without consideration.

Scoped statutory propositions

  • After marriage, amendment or revocation requires a written agreement signed by both parties and is enforceable without consideration.
  • Match every change to the operative agreement.

Questions for counsel

  • Are all claimed changes written and signed?
Utah State LegislatureReviewed 2026-07-22Open cited source ↗
voluntarinessUtah voluntary-execution safeguardUtah Code § 81-3-205(1)(a) · statute

The party resisting enforcement in Utah may prove that the agreement was not executed voluntarily.

Scoped statutory propositions

  • The party resisting enforcement in Utah may prove that the agreement was not executed voluntarily.
  • Preserve drafts, timing, communications, counsel records, and signing circumstances.

Questions for counsel

  • What evidence bears on voluntary execution?
Utah State LegislatureReviewed 2026-07-22Open cited source ↗
financial disclosureUtah fraud and disclosure safeguardUtah Code § 81-3-205(1)(b), (3) · statute

Utah's second enforcement ground requires fraud at execution together with reasonable-disclosure, written-waiver, and adequate-knowledge conditions.

Scoped statutory propositions

  • Utah's second enforcement ground requires fraud at execution together with reasonable-disclosure, written-waiver, and adequate-knowledge conditions.
  • The court decides fraud as a matter of law; the text is not a generic unconscionability test.

Questions for counsel

  • What evidence addresses the separate fraud requirement and every disclosure condition?
Utah State LegislatureReviewed 2026-07-22Open cited source ↗
public assistanceUtah public-assistance support safeguardUtah Code § 81-3-205(2) · statute

A Utah court may require support to the extent necessary to avoid public-assistance eligibility caused by a premarital support modification or elimination.

Scoped statutory propositions

  • A Utah court may require support to the extent necessary to avoid public-assistance eligibility caused by a premarital support modification or elimination.
  • The safeguard operates at separation or dissolution.

Questions for counsel

  • Could the provision cause public-assistance eligibility?
Utah State LegislatureReviewed 2026-07-22Open cited source ↗
void marriageUtah void-marriage ruleUtah Code § 81-3-206 · statute

If a marriage is void, an otherwise premarital agreement is enforceable only as necessary to avoid an inequitable result.

Scoped statutory propositions

  • If a marriage is void, an otherwise premarital agreement is enforceable only as necessary to avoid an inequitable result.
  • The section does not itself determine relief.

Questions for counsel

  • How could section 81-3-206 affect relief?
Utah State LegislatureReviewed 2026-07-22Open cited source ↗
limitationsUtah limitation-of-actions ruleUtah Code § 81-3-207 · statute

An applicable limitations period for relief under a Utah premarital agreement is tolled during marriage.

Scoped statutory propositions

  • An applicable limitations period for relief under a Utah premarital agreement is tolled during marriage.
  • The current section has no express laches-or-estoppel sentence.

Questions for counsel

  • How does section 81-3-207 affect claim timing?
Utah State LegislatureReviewed 2026-07-22Open cited source ↗
limitationsUtah uniform construction and recodification historyUtah Code § 81-3-208 · statute

Utah directs uniform construction among enacting states, subject to Utah's enacted text and authority.

Scoped statutory propositions

  • Utah directs uniform construction among enacting states, subject to Utah's enacted text and authority.
  • Sections 81-3-201 through 208 were renumbered and amended by 2024 chapter 366, effective September 1, 2024.

Questions for counsel

  • Are former Title 30 citations correctly mapped to current Title 81?
Utah State LegislatureReviewed 2026-07-22Open cited source ↗
financial disclosureUtah Court of Appeals separate-fraud requirementKeyes v. Keyes, 2015 UT App 114 · case reporter

Keyes holds that fraud is separate from the three disclosure conditions and all four requirements must be satisfied under Utah's statutory fraud ground.

Scoped statutory propositions

  • Keyes holds that fraud is separate from the three disclosure conditions and all four requirements must be satisfied under Utah's statutory fraud ground.
  • Nondisclosure, no written waiver, and inadequate knowledge did not alone supply fraud.

Questions for counsel

  • What evidence addresses each disclosure condition and the separate fraud element?
Justia reproduction of Utah Court of Appeals opinionReviewed 2026-07-22Open cited source ↗
voluntarinessUtah Supreme Court good-faith negotiation frameworkReese v. Reese, 1999 UT 75, 984 P.2d 987 · case reporter

Reese recognizes binding agreements between spouses or prospective spouses when negotiations satisfy Utah's heightened expectations of good faith, honesty, and candor.

Scoped statutory propositions

  • Reese recognizes binding agreements between spouses or prospective spouses when negotiations satisfy Utah's heightened expectations of good faith, honesty, and candor.
  • Fraud, coercion, and material nondisclosure remain central concerns, while child-related terms yield to the court's duties.

Questions for counsel

  • What evidence shows the negotiation process met the Reese framework?
Justia reproduction of Utah Supreme Court opinionReviewed 2026-07-22Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Utah guide →View machine-readable package →
VT

Vermont

Version
vt-2026-07-23.3
Checked
2026-07-23
Effective through
2026-07-23
Resources
17
Research tier
section verified
Source health
current with manual checks

Vermont's statute of frauds, Bassler and current Lacroix framework, divorce property and maintenance statutes, child-law limits, probate-waiver safeguards, and historical checkpoints.

formalitiesvoluntarinessfinancial disclosurelimitationsindependent counseltimingpropertypermitted subjectsspousal supportchild supportamendment revocationeffective date
MaintenanceNext package review due 2026-10-2117 access checks · 10 later-authority searches
formalitiesVermont marriage-agreement writing rule12 V.S.A. § 181(3) · official guidance

An action on an agreement made in consideration of civil marriage requires a signed writing or memorandum.

Scoped statutory propositions

  • An action on an agreement made in consideration of civil marriage requires a signed writing or memorandum.
  • This statute-of-frauds provision does not resolve every validity, remedy, or incorporated-schedule question.

Questions for counsel

  • Is the complete agreement or sufficient memorandum signed?
Vermont General AssemblyReviewed 2026-07-23Open cited source ↗
voluntarinessCurrent Vermont Supreme Court frameworkLacroix v. Rysz, 2025 VT 16, ¶¶ 12–17 · court opinion

Lacroix restates four distinct Bassler requirements: fair financial disclosure, voluntary and free assent, substantively fair property terms, and no unconscionability.

Scoped statutory propositions

  • Lacroix restates four distinct Bassler requirements: fair financial disclosure, voluntary and free assent, substantively fair property terms, and no unconscionability.
  • The Court reversed only the trial court's unconscionability rationale and remanded other arguments; it did not finally enforce the whole agreement.

Questions for counsel

  • What evidence satisfies each separate Lacroix requirement?
Vermont JudiciaryReviewed 2026-07-23Open cited source ↗
financial disclosureLeading Vermont premarital-agreement decisionBassler v. Bassler, 156 Vt. 353, 593 A.2d 82 (1991) · court opinion

Bassler supplies Vermont's foundational disclosure, voluntariness, substantive-fairness, and unconscionability requirements.

Scoped statutory propositions

  • Bassler supplies Vermont's foundational disclosure, voluntariness, substantive-fairness, and unconscionability requirements.
  • Use Lacroix's current formulation and check later authority; the public reproduction labels the older docket year.

Questions for counsel

  • Was disclosure fair and reasonable in light of the actual schedules?
Justia reproduction of Vermont Supreme Court opinionReviewed 2026-07-23Open cited source ↗
financial disclosureVermont fair financial disclosureLacroix v. Rysz, 2025 VT 16, ¶ 12; Bassler v. Bassler, 156 Vt. 353 · court opinion

Each spouse must make fair and reasonable disclosure of financial status before execution.

Scoped statutory propositions

  • Each spouse must make fair and reasonable disclosure of financial status before execution.
  • Lacroix reported full disclosure on its record but remanded other enforcement issues.

Questions for counsel

  • What was disclosed, when, and with what values?
Vermont JudiciaryReviewed 2026-07-23Open cited source ↗
limitationsVermont separate substantive-fairness requirementLacroix v. Rysz, 2025 VT 16, ¶¶ 12–13 · court opinion

Fairness and unconscionability are distinct; property-division provisions must be substantively fair to each spouse.

Scoped statutory propositions

  • Fairness and unconscionability are distinct; property-division provisions must be substantively fair to each spouse.
  • A court must not collapse fairness into unconscionability or invent a categorical rule that agreements must mimic marriage law.

Questions for counsel

  • Were the operative property terms fair at execution?
Vermont JudiciaryReviewed 2026-07-23Open cited source ↗
limitationsVermont unconscionability boundaryLacroix v. Rysz, 2025 VT 16, ¶¶ 14–20 · court opinion

A court must apply Vermont precedent rather than invalidate an agreement merely because it preserves separate-property treatment resembling the unmarried state.

Scoped statutory propositions

  • A court must apply Vermont precedent rather than invalidate an agreement merely because it preserves separate-property treatment resembling the unmarried state.
  • Lacroix rejected the trial court's categorical 'vitiates marriage' rationale but left alternate claims for remand.

Questions for counsel

  • Does current Vermont law establish unconscionability on the actual terms and facts?
Vermont JudiciaryReviewed 2026-07-23Open cited source ↗
independent counselVermont independent-counsel evidenceLacroix v. Rysz, 2025 VT 16 · court opinion

Independent counsel, advice, negotiation, and understanding are strong evidence bearing on voluntary and informed assent.

Scoped statutory propositions

  • Independent counsel, advice, negotiation, and understanding are strong evidence bearing on voluntary and informed assent.
  • Wife's counsel and active negotiation supported voluntariness findings but did not automatically decide every enforcement issue.

Questions for counsel

  • What meaningful independent advice did each party receive?
Vermont JudiciaryReviewed 2026-07-23Open cited source ↗
timingVermont signing-timeline inquiryLacroix v. Rysz, 2025 VT 16 · court opinion

Vermont has no fixed waiting period; Lacroix treated two-week delivery and signing one day before the wedding within the total record.

Scoped statutory propositions

  • Vermont has no fixed waiting period; Lacroix treated two-week delivery and signing one day before the wedding within the total record.
  • One-day execution is not a safe harbor or automatic invalidity; counsel, negotiations, disclosure, and pressure matter.

Questions for counsel

  • What does the complete draft-to-wedding chronology show?
Vermont JudiciaryReviewed 2026-07-23Open cited source ↗
propertyVermont equitable-property baseline15 V.S.A. § 751 · official guidance

Absent an enforceable agreement, Vermont subjects all property to equitable division and lists statutory factors.

Scoped statutory propositions

  • Absent an enforceable agreement, Vermont subjects all property to equitable division and lists statutory factors.
  • The statute supplies the baseline; the agreement's validity and scope must be decided first.

Questions for counsel

  • How would section 751 classify and distribute the disputed property absent the agreement?
Vermont General AssemblyReviewed 2026-07-23Open cited source ↗
permitted subjectsVermont property and support contract scopeLacroix v. Rysz, 2025 VT 16; 15 V.S.A. §§ 751–752 · court opinion

Vermont premarital agreements may address property division and maintenance, subject to Bassler safeguards and mandatory law.

Scoped statutory propositions

  • Vermont premarital agreements may address property division and maintenance, subject to Bassler safeguards and mandatory law.
  • Child rights and probate waivers require separate statutory analysis.

Questions for counsel

  • Does each clause concern a recognized subject and survive its specific limits?
Vermont JudiciaryReviewed 2026-07-23Open cited source ↗
spousal supportVermont maintenance baseline15 V.S.A. § 752 · official guidance

Section 752 supplies current maintenance eligibility and amount factors against which a waiver's effect must be assessed.

Scoped statutory propositions

  • Section 752 supplies current maintenance eligibility and amount factors against which a waiver's effect must be assessed.
  • Lacroix did not announce automatic enforcement of every maintenance waiver.

Questions for counsel

  • What support would current section 752 permit absent the waiver?
Vermont General AssemblyReviewed 2026-07-23Open cited source ↗
child supportVermont child best-interests boundary15 V.S.A. §§ 665, 668 · official guidance

Parental rights and responsibilities are governed by current best interests and remain modifiable under statutory standards even when based on agreement.

Scoped statutory propositions

  • Parental rights and responsibilities are governed by current best interests and remain modifiable under statutory standards even when based on agreement.
  • Private intent cannot displace safety rules or the child's current interests.

Questions for counsel

  • Does any term attempt to bind the court without a current best-interests review?
Vermont General AssemblyReviewed 2026-07-23Open cited source ↗
child supportVermont child-support review boundary15 V.S.A. §§ 650, 655–656, 660 · official guidance

The court reviews agreed support against the statutory obligation, and support remains modifiable under section 660.

Scoped statutory propositions

  • The court reviews agreed support against the statutory obligation, and support remains modifiable under section 660.
  • Current guideline tables and complete statutory calculations require contemporaneous review.

Questions for counsel

  • Does any clause attempt to waive or freeze child support outside current law?
Vermont General AssemblyReviewed 2026-07-23Open cited source ↗
amendment revocationVermont amendment and revocation boundary12 V.S.A. § 181; Lacroix v. Rysz, 2025 VT 16 · court opinion

Vermont has no uniform-act amendment section; an alleged change invokes the instrument, writing rule, and current contract and marital law.

Scoped statutory propositions

  • Vermont has no uniform-act amendment section; an alleged change invokes the instrument, writing rule, and current contract and marital law.
  • This record flags the statutory gap and does not validate oral or informal change.

Questions for counsel

  • Was the later act an effective modification or revocation?
Vermont JudiciaryReviewed 2026-07-23Open cited source ↗
propertyVermont written survivor-rights waiver14 V.S.A. § 323 · official guidance

A signed written waiver of elective share, homestead, allowances, or other spousal property rights is presumed valid subject to enumerated defenses.

Scoped statutory propositions

  • A signed written waiver of elective share, homestead, allowances, or other spousal property rights is presumed valid subject to enumerated defenses.
  • This 2018 probate statute has its own voluntariness, unconscionability, disclosure, and counsel-access tests.

Questions for counsel

  • Does the waiver satisfy section 323 and clearly reach the claimed right?
Vermont General AssemblyReviewed 2026-07-23Open cited source ↗
financial disclosureVermont probate waiver defenses14 V.S.A. § 323(b) · official guidance

A contestant may show involuntariness, fraud, duress, coercion, unconscionability or material change, deficient disclosure, or no meaningful access to independent counsel.

Scoped statutory propositions

  • A contestant may show involuntariness, fraud, duress, coercion, unconscionability or material change, deficient disclosure, or no meaningful access to independent counsel.
  • Do not merge this statutory death-right test with Bassler's divorce framework.

Questions for counsel

  • Which section 323 defense is supported by the probate record?
Vermont General AssemblyReviewed 2026-07-23Open cited source ↗
effective dateVermont historical-law checkpointBassler v. Bassler, 156 Vt. 353; 2017 Vt. Acts & Resolves No. 195 · court opinion

Vermont has no UPAA or UPMAA schedule; execution date, then-current common law, and the 2018 probate enactment determine the regime.

Scoped statutory propositions

  • Vermont has no UPAA or UPMAA schedule; execution date, then-current common law, and the 2018 probate enactment determine the regime.
  • Do not assume later statutes apply retroactively.

Questions for counsel

  • Which law governed each agreement or waiver when signed?
Vermont JudiciaryReviewed 2026-07-23Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Vermont guide →View machine-readable package →
VA

Virginia

Version
va-2026-07-21.3
Checked
2026-07-21
Effective through
2026-07-21
Resources
12
Research tier
section verified
Source health
current

Virginia Premarital Agreement Act, Va. Code §§ 20-147–20-155, with section-level records for applicability, form, effect, content, support, voluntariness, disclosure, void marriage, limitations, amendment, prior agreements, and marital agreements.

limitationsformalitieseffective datepermitted subjectsspousal supportvoluntarinessfinancial disclosurevoid marriageamendment revocation
MaintenanceNext package review due 2026-10-190 access checks · 0 later-authority searches
limitationsVirginia act applicability dateVa. Code § 20-147 · statute

Virginia's Premarital Agreement Act applies to premarital agreements executed on or after July 1, 1986.

Scoped statutory propositions

  • Virginia's Premarital Agreement Act applies to premarital agreements executed on or after July 1, 1986.
  • The execution date should be established before applying the act's framework.

Questions for counsel

  • Was the agreement executed on or after July 1, 1986?
Virginia General Assembly, Legislative Information SystemReviewed 2026-07-21Open cited source ↗
formalitiesVirginia writing and signature requirementsVa. Code § 20-149 · statute

A Virginia premarital agreement must be in writing and signed by both parties and is enforceable without consideration.

Scoped statutory propositions

  • A Virginia premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
  • The record should preserve the complete signed agreement and every incorporated schedule.

Questions for counsel

  • Is the complete agreement, including every referenced schedule, written and signed by both parties?
Virginia General Assembly, Legislative Information SystemReviewed 2026-07-21Open cited source ↗
effective dateVirginia effect of marriageVa. Code § 20-149 · statute

A Virginia premarital agreement becomes effective upon marriage.

Scoped statutory propositions

  • A Virginia premarital agreement becomes effective upon marriage.
  • The marriage event and agreement execution date should be distinguished in the factual timeline.

Questions for counsel

  • Did the contemplated marriage occur, and what date did the agreement become effective?
Virginia General Assembly, Legislative Information SystemReviewed 2026-07-21Open cited source ↗
permitted subjectsVirginia permitted agreement subjectsVa. Code § 20-150 · statute

Virginia lists property rights and management, disposition, spousal support, estate planning, insurance, choice of law, and other lawful personal rights and obligations as permitted subjects.

Scoped statutory propositions

  • Virginia lists property rights and management, disposition, spousal support, estate planning, insurance, choice of law, and other lawful personal rights and obligations as permitted subjects.
  • Other matters remain limited by public policy and statutes imposing criminal penalties.

Questions for counsel

  • Which provisions depend on a deed, will, trust, insurance designation, or other implementing document?
Virginia General Assembly, Legislative Information SystemReviewed 2026-07-21Open cited source ↗
spousal supportVirginia spousal-support subjectVa. Code § 20-150(4) · statute

Virginia expressly includes spousal support among the subjects parties may address in a premarital agreement.

Scoped statutory propositions

  • Virginia expressly includes spousal support among the subjects parties may address in a premarital agreement.
  • The act's permitted-subject language does not itself decide enforceability under particular facts or other applicable law.

Questions for counsel

  • What other Virginia authority and enforcement facts bear on the particular support provision?
Virginia General Assembly, Legislative Information SystemReviewed 2026-07-21Open cited source ↗
voluntarinessVirginia voluntary-execution safeguardVa. Code § 20-151(A)(1) · statute

A Virginia premarital agreement is not enforceable if the resisting party proves that the agreement was not executed voluntarily.

Scoped statutory propositions

  • A Virginia premarital agreement is not enforceable if the resisting party proves that the agreement was not executed voluntarily.
  • Draft history, negotiation timing, communications, counsel records, and signing circumstances can be relevant evidence for counsel to assess.

Questions for counsel

  • What admissible evidence bears on whether execution was voluntary?
Virginia General Assembly, Legislative Information SystemReviewed 2026-07-21Open cited source ↗
financial disclosureVirginia disclosure and written-waiver safeguardVa. Code § 20-151(A)(2)–(B) · statute

For Virginia's statutory unconscionability ground, the statute examines fair and reasonable disclosure and voluntary, express written waiver of disclosure beyond what was provided; agreement recitations create a prima facie presumption of factual correctness.

Scoped statutory propositions

  • For Virginia's statutory unconscionability ground, the statute examines fair and reasonable disclosure and voluntary, express written waiver of disclosure beyond what was provided; agreement recitations create a prima facie presumption of factual correctness.
  • The statutory elements and evidentiary effect of recitations require legal analysis; a checklist does not decide them.

Questions for counsel

  • What disclosure and written-waiver evidence addresses section 20-151(A)(2), and which recitations may invoke subsection B?
Virginia General Assembly, Legislative Information SystemReviewed 2026-07-21Open cited source ↗
void marriageVirginia void-marriage ruleVa. Code § 20-151(C) · statute

If a marriage is determined to be void, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

Scoped statutory propositions

  • If a marriage is determined to be void, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
  • The provision does not itself predict what relief a court would find necessary.

Questions for counsel

  • If marriage validity is disputed, how could section 20-151(C) affect the requested relief?
Virginia General Assembly, Legislative Information SystemReviewed 2026-07-21Open cited source ↗
limitationsVirginia limitation-of-actions ruleVa. Code § 20-152 · statute

An applicable limitations period for relief under a Virginia premarital agreement is tolled during marriage, while equitable defenses including laches and estoppel remain available.

Scoped statutory propositions

  • An applicable limitations period for relief under a Virginia premarital agreement is tolled during marriage, while equitable defenses including laches and estoppel remain available.
  • Contract language should not be assumed to displace the statutory tolling rule or equitable defenses.

Questions for counsel

  • How do the statutory tolling rule and available equitable defenses affect the timing issue?
Virginia General Assembly, Legislative Information SystemReviewed 2026-07-21Open cited source ↗
amendment revocationVirginia amendment and revocation formalitiesVa. Code § 20-153 · statute

After marriage, a Virginia premarital agreement may be amended or revoked only by a written agreement signed by the parties.

Scoped statutory propositions

  • After marriage, a Virginia premarital agreement may be amended or revoked only by a written agreement signed by the parties.
  • The amended agreement or revocation is enforceable without consideration.

Questions for counsel

  • Are all claimed amendments or revocations written, signed, and matched to the operative agreement?
Virginia General Assembly, Legislative Information SystemReviewed 2026-07-21Open cited source ↗
limitationsVirginia prior written agreementsVa. Code § 20-154 · statute

Virginia preserves qualifying written agreements entered before enactment of the chapter if they are otherwise valid as contracts.

Scoped statutory propositions

  • Virginia preserves qualifying written agreements entered before enactment of the chapter if they are otherwise valid as contracts.
  • The execution date and otherwise-valid-contract inquiry require separate factual and legal review.

Questions for counsel

  • If the agreement predates the act, what contract-law framework governs its validity?
Virginia General Assembly, Legislative Information SystemReviewed 2026-07-21Open cited source ↗
limitationsVirginia marital-agreement extensionVa. Code § 20-155 · statute

Virginia generally extends the chapter's conditions to marital agreements, makes them effective immediately, and states specified exceptions for court-order or on-record terms and for reconciliation.

Scoped statutory propositions

  • Virginia generally extends the chapter's conditions to marital agreements, makes them effective immediately, and states specified exceptions for court-order or on-record terms and for reconciliation.
  • A document signed after marriage should be classified and reviewed under section 20-155 rather than assumed to be a premarital agreement.

Questions for counsel

  • Was the document executed before or after marriage, and do section 20-155's special form or reconciliation rules apply?
Virginia General Assembly, Legislative Information SystemReviewed 2026-07-21Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Virginia guide →View machine-readable package →
WA

Washington

Version
wa-2026-07-23.3
Checked
2026-07-23
Effective through
2026-07-23
Resources
18
Research tier
section verified
Source health
current with manual checks

Washington's Matson and Bernard two-prong framework, community-property and dissolution statutes, child-law limits, death agreements, and historical checkpoints.

voluntarinesslimitationsfinancial disclosureindependent counseltimingpropertypermitted subjectsspousal supportchild supportformalitiesamendment revocationeffective date
MaintenanceNext package review due 2026-10-2111 access checks · 11 later-authority searches
voluntarinessWashington two-prong premarital frameworkIn re Marriage of Matson, 107 Wn.2d 479, 730 P.2d 668 (1986) · case reporter

Washington first tests substantive fairness; an unfair agreement may still be enforced only if procedural fairness is proved.

Scoped statutory propositions

  • Washington first tests substantive fairness; an unfair agreement may still be enforced only if procedural fairness is proved.
  • Matson invalidated its agreement on the specific fairness, timing, counsel, and knowledge record.

Questions for counsel

  • Is the agreement substantively fair, and if not, is every procedural safeguard proved?
Justia reproduction of Washington Supreme Court opinionReviewed 2026-07-23Open cited source ↗
limitationsWashington substantive-fairness first prongIn re Marriage of Bernard, 165 Wn.2d 895, 204 P.3d 907 (2009); Matson · case reporter

The first prong asks whether the agreement made fair and reasonable provision for the spouse resisting enforcement.

Scoped statutory propositions

  • The first prong asks whether the agreement made fair and reasonable provision for the spouse resisting enforcement.
  • If this prong is satisfied the agreement may be enforced without reaching procedural fairness.

Questions for counsel

  • What provision did the agreement make relative to the parties' means and waived rights?
Justia reproduction of Washington Supreme Court opinionReviewed 2026-07-23Open cited source ↗
voluntarinessWashington procedural-fairness second prongIn re Marriage of Matson, 107 Wn.2d at 483–87 · case reporter

For a substantively unfair agreement, the proponent must prove full property disclosure and free execution on independent advice with full knowledge of rights.

Scoped statutory propositions

  • For a substantively unfair agreement, the proponent must prove full property disclosure and free execution on independent advice with full knowledge of rights.
  • The prong is conjunctive and especially scrutinized when the agreement eliminates community-property rights.

Questions for counsel

  • Can the proponent prove every procedural element?
Justia reproduction of Washington Supreme Court opinionReviewed 2026-07-23Open cited source ↗
financial disclosureWashington amount-character-value disclosureIn re Marriage of Matson, 107 Wn.2d 479 · case reporter

Procedural fairness requires full disclosure of the amount, character, and value of property involved.

Scoped statutory propositions

  • Procedural fairness requires full disclosure of the amount, character, and value of property involved.
  • General wealth awareness does not automatically prove the full Matson requirement.

Questions for counsel

  • What schedules disclosed amount, character, and value before signing?
Justia reproduction of Washington Supreme Court opinionReviewed 2026-07-23Open cited source ↗
independent counselWashington independent-advice safeguardIn re Marriage of Matson, 107 Wn.2d 479 · case reporter

A substantively unfair agreement requires free execution on independent advice with full knowledge of each spouse's rights.

Scoped statutory propositions

  • A substantively unfair agreement requires free execution on independent advice with full knowledge of each spouse's rights.
  • Advice from the proponent's attorney and a bare suggestion to find counsel may be insufficient on the facts.

Questions for counsel

  • Did the resisting spouse receive genuinely independent advice and understand waived rights?
Justia reproduction of Washington Supreme Court opinionReviewed 2026-07-23Open cited source ↗
timingWashington timing and intelligent-waiver inquiryIn re Marriage of Matson, 107 Wn.2d 479 · case reporter

Washington has no fixed waiting period; Matson held its last-days process did not provide sufficient opportunity for intelligent, voluntary waiver.

Scoped statutory propositions

  • Washington has no fixed waiting period; Matson held its last-days process did not provide sufficient opportunity for intelligent, voluntary waiver.
  • Matson's outcome does not create a numerical rule divorced from advice, knowledge, sophistication, and disclosure.

Questions for counsel

  • What does the full preparation-to-wedding chronology show?
Justia reproduction of Washington Supreme Court opinionReviewed 2026-07-23Open cited source ↗
voluntarinessWashington proponent burdenIn re Marriage of Bernard, 165 Wn.2d 895, 902, 204 P.3d 907 (2009) · case reporter

The spouse seeking enforcement bears the burden under Washington's premarital-agreement framework.

Scoped statutory propositions

  • The spouse seeking enforcement bears the burden under Washington's premarital-agreement framework.
  • Use Bernard and later published authority for the current allocation and standard.

Questions for counsel

  • Who seeks enforcement, and what proof satisfies the applicable prong?
Justia reproduction of Washington Supreme Court opinionReviewed 2026-07-23Open cited source ↗
limitationsWashington domestic-relations statutory contextTitle 26 RCW · official guidance

Title 26 supplies mandatory marriage, community-property, dissolution, support, and child rules.

Scoped statutory propositions

  • Title 26 supplies mandatory marriage, community-property, dissolution, support, and child rules.
  • Washington has no comprehensive enacted UPAA or UPMAA.

Questions for counsel

  • Which current Title 26 rule intersects each clause?
Washington State LegislatureReviewed 2026-07-23Open cited source ↗
propertyWashington just-and-equitable baselineRCW 26.09.080 · official guidance

Absent an enforceable agreement, the court makes a just and equitable disposition of community and separate property after statutory factors.

Scoped statutory propositions

  • Absent an enforceable agreement, the court makes a just and equitable disposition of community and separate property after statutory factors.
  • Matson distinguishes merely preserving separate property from waiving statutory equitable distribution.

Questions for counsel

  • What disposition would section .080 permit absent the agreement?
Washington State LegislatureReviewed 2026-07-23Open cited source ↗
propertyWashington community-property baselineRCW 26.16.010–.030 · official guidance

Title 26.16 defines separate and community property and management rights against which contract terms operate.

Scoped statutory propositions

  • Title 26.16 defines separate and community property and management rights against which contract terms operate.
  • Tracing, commingling, reimbursement, and creditor rules require current counsel review.

Questions for counsel

  • How is each asset characterized before applying the agreement?
Washington State LegislatureReviewed 2026-07-23Open cited source ↗
permitted subjectsWashington recognized property-contract scopeIn re Marriage of Matson, 107 Wn.2d 479; RCW 26.09.080 · case reporter

Prospective spouses may contract about property and marital rights if the agreement satisfies Washington fairness safeguards.

Scoped statutory propositions

  • Prospective spouses may contract about property and marital rights if the agreement satisfies Washington fairness safeguards.
  • Child terms and statutory death agreements have independent limits.

Questions for counsel

  • Does each clause concern a recognized subject and survive Matson?
Justia reproduction of Washington Supreme Court opinionReviewed 2026-07-23Open cited source ↗
spousal supportWashington maintenance baselineRCW 26.09.090 · official guidance

Section .090 supplies current maintenance factors relevant to the effect and substantive fairness of a waiver.

Scoped statutory propositions

  • Section .090 supplies current maintenance factors relevant to the effect and substantive fairness of a waiver.
  • Matson/Bernard fairness and construction still govern the contractual clause.

Questions for counsel

  • What maintenance could be ordered absent the waiver?
Washington State LegislatureReviewed 2026-07-23Open cited source ↗
child supportWashington parenting-plan nonbinding boundaryIn re Marriage of Littlefield, 133 Wn.2d 39, 940 P.2d 1362 (1997) · case reporter

A trial court is not bound by parenting-plan provisions in a premarital agreement; current statutory child interests control.

Scoped statutory propositions

  • A trial court is not bound by parenting-plan provisions in a premarital agreement; current statutory child interests control.
  • Current RCW 26.09.187 and .191 criteria and safety limits require contemporaneous review.

Questions for counsel

  • Does any clause purport to bind a future parenting decision?
Justia reproduction of Washington Supreme Court opinionReviewed 2026-07-23Open cited source ↗
child supportWashington statutory child-support boundaryRCW 26.09.100; chapter 26.19 RCW · official guidance

Courts order child support under chapter 26.19 and may modify it; a premarital waiver cannot conclusively control.

Scoped statutory propositions

  • Courts order child support under chapter 26.19 and may modify it; a premarital waiver cannot conclusively control.
  • Worksheets, deviations, health care, and current amendments require review when support is set.

Questions for counsel

  • Does any term attempt to replace current child-support law?
Washington State LegislatureReviewed 2026-07-23Open cited source ↗
formalitiesWashington community-property death-agreement formalitiesRCW 26.16.120 · official guidance

A community-property agreement effective at death must be written, signed and sealed, witnessed, acknowledged, and certified like a real-estate deed.

Scoped statutory propositions

  • A community-property agreement effective at death must be written, signed and sealed, witnessed, acknowledged, and certified like a real-estate deed.
  • These special formalities are not automatically the execution rule for every divorce-focused prenup.

Questions for counsel

  • Does a death-effective agreement satisfy every section .120 formality?
Washington State LegislatureReviewed 2026-07-23Open cited source ↗
amendment revocationWashington death-agreement amendment and equity limitsRCW 26.16.120 · official guidance

A section .120 death agreement may be altered in the same manner and remains subject to creditor rights, fraud, and equitable cancellation.

Scoped statutory propositions

  • A section .120 death agreement may be altered in the same manner and remains subject to creditor rights, fraud, and equitable cancellation.
  • Other premarital modifications require separate contract and Matson analysis.

Questions for counsel

  • Is the later change within section .120 and executed in the same required manner?
Washington State LegislatureReviewed 2026-07-23Open cited source ↗
effective dateWashington premarital effectiveness checkpointIn re Marriage of Matson, 107 Wn.2d 479 · case reporter

A premarital agreement is made for the contemplated marriage; the record must confirm marriage and distinguish later property transactions.

Scoped statutory propositions

  • A premarital agreement is made for the contemplated marriage; the record must confirm marriage and distinguish later property transactions.
  • Deeds and postmarital agreements can have different rules.

Questions for counsel

  • Did the contemplated marriage occur, and which instrument governed?
Justia reproduction of Washington Supreme Court opinionReviewed 2026-07-23Open cited source ↗
effective dateWashington common-law applicability boundaryFriedlander v. Friedlander, 80 Wn.2d 293 (1972); Matson; Bernard · case reporter

Washington has no UPAA or UPMAA applicability schedule; execution date and then-current cases and statutes govern.

Scoped statutory propositions

  • Washington has no UPAA or UPMAA applicability schedule; execution date and then-current cases and statutes govern.
  • Do not import a uniform-act date or assume current text is retroactive.

Questions for counsel

  • Which law governed when each instrument was signed?
Justia reproduction of Washington Supreme Court opinionReviewed 2026-07-23Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Washington guide →View machine-readable package →
WV

West Virginia

Version
wv-2026-07-23.5
Checked
2026-07-23
Effective through
2026-07-23
Resources
17
Research tier
section verified
Source health
current

West Virginia's Uniform Premarital Agreement Act for agreements signed on or after July 1, 2023, its exact formation and enforcement sections, mandatory subject limits, and separately labelled pre-Act appellate rules.

formalitiespermitted subjectschild supporteffective dateamendment revocationvoluntarinessfinancial disclosurelimitationsspousal supportvoid marriageindependent counsel
MaintenanceNext package review due 2026-10-210 access checks · 2 later-authority searches
formalitiesWest Virginia statutory execution formalitiesW. Va. Code § 48-1A-201 · official guidance

A premarital agreement must be written, signed by both parties, and acknowledge that both had an opportunity to consult separate legal counsel; consideration is unnecessary.

Scoped statutory propositions

  • A premarital agreement must be written, signed by both parties, and acknowledge that both had an opportunity to consult separate legal counsel; consideration is unnecessary.
  • The acknowledgment is a statutory formality; it is not an attorney-review or voluntariness conclusion.

Questions for counsel

  • Does the executed document contain every required signature and the counsel-opportunity acknowledgment?
West Virginia LegislatureReviewed 2026-07-23Open cited source ↗
permitted subjectsWest Virginia permitted subjectsW. Va. Code § 48-1A-301(a) · official guidance

Parties may address property rights and management, disposition at separation, dissolution or death, spousal support, estate planning, life-insurance benefits, choice of law, and lawful personal matters.

Scoped statutory propositions

  • Parties may address property rights and management, disposition at separation, dissolution or death, spousal support, estate planning, life-insurance benefits, choice of law, and lawful personal matters.
  • Subsection (b) and section 701 impose child and public-policy limits that must be analyzed separately.

Questions for counsel

  • Can each operative clause be mapped to an authorized subject without violating mandatory law?
West Virginia LegislatureReviewed 2026-07-23Open cited source ↗
child supportWest Virginia child-support boundaryW. Va. Code §§ 48-1A-301(b), 48-1A-701(a)(1) · official guidance

A premarital term may not adversely affect a child's right to support.

Scoped statutory propositions

  • A premarital term may not adversely affect a child's right to support.
  • Current child-support statutes and guidelines control the actual obligation.

Questions for counsel

  • Does any term reduce or precommit a child's support rights?
West Virginia LegislatureReviewed 2026-07-23Open cited source ↗
effective dateWest Virginia marriage-triggered effectivenessW. Va. Code §§ 48-1A-101(a), 48-1A-401 · official guidance

A premarital agreement is made in contemplation of marriage and becomes effective upon marriage.

Scoped statutory propositions

  • A premarital agreement is made in contemplation of marriage and becomes effective upon marriage.
  • Present transfers and later marital agreements can have different effective rules.

Questions for counsel

  • Did the contemplated marriage occur, and which version of the agreement was operative?
West Virginia LegislatureReviewed 2026-07-23Open cited source ↗
amendment revocationWest Virginia amendment and revocation formalitiesW. Va. Code § 48-1A-501 · official guidance

After marriage, amendment or revocation requires a written agreement signed by both parties and needs no consideration.

Scoped statutory propositions

  • After marriage, amendment or revocation requires a written agreement signed by both parties and needs no consideration.
  • Informal conduct should not be treated as satisfying the current Act without counsel's analysis.

Questions for counsel

  • Is each alleged amendment or revocation contained in a later writing signed by both parties?
West Virginia LegislatureReviewed 2026-07-23Open cited source ↗
voluntarinessWest Virginia statutory voluntariness defenseW. Va. Code § 48-1A-601(a)(1) · official guidance

The party resisting enforcement may prove that the agreement was not executed voluntarily.

Scoped statutory propositions

  • The party resisting enforcement may prove that the agreement was not executed voluntarily.
  • A recital is relevant evidence but does not decide the statutory defense.

Questions for counsel

  • What admissible evidence shows whether execution was voluntary?
West Virginia LegislatureReviewed 2026-07-23Open cited source ↗
financial disclosureWest Virginia adequate-disclosure alternativesW. Va. Code § 48-1A-601(a)(3), (b) · official guidance

Adequate disclosure may rest on a reasonably accurate description and good-faith value estimate of property, liabilities, and income, a separate signed waiver, or adequate knowledge or a reasonable basis for it.

Scoped statutory propositions

  • Adequate disclosure may rest on a reasonably accurate description and good-faith value estimate of property, liabilities, and income, a separate signed waiver, or adequate knowledge or a reasonable basis for it.
  • The unconscionability ground in subsection (a)(3) has conjunctive elements; do not collapse them into a generic disclosure test.

Questions for counsel

  • Which statutory disclosure route is supported for each party by the actual pre-signing record?
West Virginia LegislatureReviewed 2026-07-23Open cited source ↗
limitationsWest Virginia unconscionability reviewW. Va. Code § 48-1A-601(a)(3), (d)–(e) · official guidance

The family court decides unconscionability as a matter of law under the agreement-level and term-level provisions of section 601.

Scoped statutory propositions

  • The family court decides unconscionability as a matter of law under the agreement-level and term-level provisions of section 601.
  • Subsections (a)(3) and (d)(1) must be read distinctly and in full.

Questions for counsel

  • Which statutory unconscionability route is asserted, and what facts support each element?
West Virginia LegislatureReviewed 2026-07-23Open cited source ↗
spousal supportWest Virginia support and hardship safeguardsW. Va. Code § 48-1A-601(c)–(e) · official guidance

The court may order support needed to avoid public-assistance eligibility and may refuse a term causing substantial hardship from a material post-signing change.

Scoped statutory propositions

  • The court may order support needed to avoid public-assistance eligibility and may refuse a term causing substantial hardship from a material post-signing change.
  • The provisions are limited, fact-specific safeguards rather than a general license to rewrite the agreement.

Questions for counsel

  • Would enforcement trigger either statutory support safeguard?
West Virginia LegislatureReviewed 2026-07-23Open cited source ↗
limitationsWest Virginia adult-at-marriage requirementW. Va. Code § 48-1A-601(a)(2) · official guidance

A covered premarital agreement is not enforceable if either party was under eighteen when the marriage occurred.

Scoped statutory propositions

  • A covered premarital agreement is not enforceable if either party was under eighteen when the marriage occurred.
  • The provision uses age at marriage, not merely age on the signing date.

Questions for counsel

  • Was each party at least eighteen on the marriage date?
West Virginia LegislatureReviewed 2026-07-23Open cited source ↗
limitationsWest Virginia mandatory term limitsW. Va. Code § 48-1A-701 · official guidance

Terms cannot restrict domestic-violence remedies, modify statutory separation or dissolution grounds, or penalize a party for initiating a proceeding.

Scoped statutory propositions

  • Terms cannot restrict domestic-violence remedies, modify statutory separation or dissolution grounds, or penalize a party for initiating a proceeding.
  • Not every divorce-triggered property consequence is necessarily a prohibited filing penalty; clause-specific review is required.

Questions for counsel

  • Does any clause obstruct a protected remedy, alter statutory grounds, or punish court access?
West Virginia LegislatureReviewed 2026-07-23Open cited source ↗
child supportWest Virginia custody nonbinding ruleW. Va. Code § 48-1A-701(b) · official guidance

A premarital term defining custodial rights or duties is not binding on the court.

Scoped statutory propositions

  • A premarital term defining custodial rights or duties is not binding on the court.
  • Current best-interests and safety law governs when custody is decided.

Questions for counsel

  • Does the agreement purport to bind a future custody determination?
West Virginia LegislatureReviewed 2026-07-23Open cited source ↗
void marriageWest Virginia void-marriage equitable limitW. Va. Code § 48-1A-801 · official guidance

If the marriage is void, the would-be premarital agreement is enforceable only as necessary to avoid an inequitable result.

Scoped statutory propositions

  • If the marriage is void, the would-be premarital agreement is enforceable only as necessary to avoid an inequitable result.
  • This is not full enforcement by default.

Questions for counsel

  • Was the marriage void, and what limited enforcement is necessary to avoid inequity?
West Virginia LegislatureReviewed 2026-07-23Open cited source ↗
limitationsWest Virginia limitations tolling and equitable defensesW. Va. Code § 48-1A-901 · official guidance

A limitations period for relief under a premarital agreement is tolled during marriage, while laches, estoppel, and other equitable time defenses remain available.

Scoped statutory propositions

  • A limitations period for relief under a premarital agreement is tolled during marriage, while laches, estoppel, and other equitable time defenses remain available.
  • Section 901 tolls rather than supplies the underlying limitations period.

Questions for counsel

  • What limitations period applies, and does an equitable time defense remain?
West Virginia LegislatureReviewed 2026-07-23Open cited source ↗
effective dateWest Virginia 2023 Act applicability checkpointW. Va. Code § 48-1A-1001(b); 2023 W. Va. Acts, H.B. 2509 · official guidance

Article 48-1A applies only to premarital agreements signed on or after July 1, 2023.

Scoped statutory propositions

  • Article 48-1A applies only to premarital agreements signed on or after July 1, 2023.
  • Pre-Act agreements require the then-governing statute and cases rather than retroactive application of Article 1A.

Questions for counsel

  • Was the agreement signed before or after the Act's applicability date?
West Virginia LegislatureReviewed 2026-07-23Open cited source ↗
voluntarinessWest Virginia current pre-Act framework checkpointHarton v. Harton, 23-ICA-242 (W. Va. Ct. App. June 11, 2024) · court opinion

Harton confirms that the 2023 Act does not govern an older agreement and applies surviving Gant procurement principles together with Ware's counsel-dependent burden rule.

Scoped statutory propositions

  • Harton confirms that the 2023 Act does not govern an older agreement and applies surviving Gant procurement principles together with Ware's counsel-dependent burden rule.
  • Harton reversed a facial invalidity ruling on its record; it does not transplant pre-Act rules into Article 1A.

Questions for counsel

  • For a pre-Act agreement, what procurement and burden rules applied at execution and under current precedent?
West Virginia JudiciaryReviewed 2026-07-23Open cited source ↗
independent counselWest Virginia pre-Act independent-counsel burden ruleWare v. Ware, 224 W. Va. 599, 687 S.E.2d 382 (2009) · court opinion

For pre-Act agreements, Ware limits the presumption of validity to agreements where both parties had independent counsel and shifts the validity burden when only one party was represented.

Scoped statutory propositions

  • For pre-Act agreements, Ware limits the presumption of validity to agreements where both parties had independent counsel and shifts the validity burden when only one party was represented.
  • Article 1A supplies the rule for covered post-July 1, 2023 agreements.

Questions for counsel

  • Which party had genuinely independent representation, and who bears the pre-Act burden?
West Virginia JudiciaryReviewed 2026-07-23Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the West Virginia guide →View machine-readable package →
WI

Wisconsin

Version
wi-2026-07-23.3
Checked
2026-07-23
Effective through
2026-07-23
Resources
18
Research tier
section verified
Source health
current with manual checks

Wisconsin's marital-property agreement statute, section 766.58 execution and enforcement rules, divorce-equity review under section 767.61, leading Button-line cases, child-law limits, and death-transfer boundaries.

formalitiespermitted subjectschild supportpropertyamendment revocationeffective datelimitationsvoluntarinessfinancial disclosureindependent counselspousal support
MaintenanceNext package review due 2026-10-2113 access checks · 5 later-authority searches
formalitiesWisconsin marital-property agreement formalitiesWis. Stat. § 766.58(1) · official guidance

A marital-property agreement must be a document signed by both spouses; only the spouses may be parties, and consideration is unnecessary.

Scoped statutory propositions

  • A marital-property agreement must be a document signed by both spouses; only the spouses may be parties, and consideration is unnecessary.
  • Section 766.58 does not make notarization a general between-spouses validity formality, though recording and particular transactions may require more.

Questions for counsel

  • Is the complete document signed by both prospective spouses and limited to them as parties?
Wisconsin LegislatureReviewed 2026-07-23Open cited source ↗
permitted subjectsWisconsin permitted property subjectsWis. Stat. § 766.58(3) · official guidance

Subject to listed statutory limits, spouses may contract about property rights, management, disposition at dissolution or death, support, estate arrangements, nonprobate transfers, choice of law, and other lawful property matters.

Scoped statutory propositions

  • Subject to listed statutory limits, spouses may contract about property rights, management, disposition at dissolution or death, support, estate arrangements, nonprobate transfers, choice of law, and other lawful property matters.
  • Transfers at death also invoke chapter 854 and cannot be analyzed solely as divorce terms.

Questions for counsel

  • Can each clause be mapped to subsection (3) and its incorporated limits?
Wisconsin LegislatureReviewed 2026-07-23Open cited source ↗
child supportWisconsin child-support nonimpairment ruleWis. Stat. § 766.58(2) · official guidance

A marital-property agreement may not adversely affect a child's right to support.

Scoped statutory propositions

  • A marital-property agreement may not adversely affect a child's right to support.
  • Current chapter 767 support standards govern the actual order.

Questions for counsel

  • Does any term reduce or predetermine a child's support right?
Wisconsin LegislatureReviewed 2026-07-23Open cited source ↗
propertyWisconsin agreement-based death transfersWis. Stat. § 766.58(3)(c), (e)–(f), (3m) · official guidance

An agreement may address death disposition and qualifying nonprobate transfers, but chapter 854 applies and dissolution revokes specified provisions.

Scoped statutory propositions

  • An agreement may address death disposition and qualifying nonprobate transfers, but chapter 854 applies and dissolution revokes specified provisions.
  • A marital-property agreement does not authorize the parties to eliminate required court or public-record procedures.

Questions for counsel

  • Does the clause create a valid transfer under every applicable death-transfer rule?
Wisconsin LegislatureReviewed 2026-07-23Open cited source ↗
amendment revocationWisconsin amendment and revocation ruleWis. Stat. § 766.58(4) · official guidance

A marital-property agreement may be amended or revoked only by a later marital-property agreement.

Scoped statutory propositions

  • A marital-property agreement may be amended or revoked only by a later marital-property agreement.
  • Special statutory classification forms may have additional termination rules not generalized here.

Questions for counsel

  • Is the claimed change contained in a later qualifying marital-property agreement?
Wisconsin LegislatureReviewed 2026-07-23Open cited source ↗
effective dateWisconsin premarital effectiveness ruleWis. Stat. § 766.58(5) · official guidance

People intending to marry may execute the agreement as if married, but it becomes effective only upon marriage.

Scoped statutory propositions

  • People intending to marry may execute the agreement as if married, but it becomes effective only upon marriage.
  • Later domicile and choice-of-law questions require current conflicts analysis.

Questions for counsel

  • Did the contemplated marriage occur, and when did the agreement become effective?
Wisconsin LegislatureReviewed 2026-07-23Open cited source ↗
limitationsWisconsin statutory unconscionability defenseWis. Stat. § 766.58(6)(a), (8) · official guidance

The resisting spouse may prove the agreement was unconscionable when made; the court decides unconscionability as a matter of law.

Scoped statutory propositions

  • The resisting spouse may prove the agreement was unconscionable when made; the court decides unconscionability as a matter of law.
  • Section 767.61's divorce-equity review is a related but distinct analysis.

Questions for counsel

  • What facts at execution support the statutory unconscionability defense?
Wisconsin LegislatureReviewed 2026-07-23Open cited source ↗
voluntarinessWisconsin statutory voluntary-execution defenseWis. Stat. § 766.58(6)(b) · official guidance

A marital-property agreement is not enforceable if the resisting spouse proves that execution was not voluntary.

Scoped statutory propositions

  • A marital-property agreement is not enforceable if the resisting spouse proves that execution was not voluntary.
  • The statute assigns this ground to the spouse resisting enforcement.

Questions for counsel

  • What evidence shows whether the spouse executed freely and voluntarily?
Wisconsin LegislatureReviewed 2026-07-23Open cited source ↗
financial disclosureWisconsin statutory disclosure-and-notice defenseWis. Stat. § 766.58(6)(c) · official guidance

The resisting spouse may establish nonenforcement by proving both lack of fair and reasonable disclosure under the circumstances and lack of notice of the other spouse's property or financial obligations before execution.

Scoped statutory propositions

  • The resisting spouse may establish nonenforcement by proving both lack of fair and reasonable disclosure under the circumstances and lack of notice of the other spouse's property or financial obligations before execution.
  • The statutory elements are conjunctive; Button-line divorce equity cases may demand a separate fairness inquiry.

Questions for counsel

  • What disclosure and actual notice existed before signing for each material asset and obligation?
Wisconsin LegislatureReviewed 2026-07-23Open cited source ↗
independent counselWisconsin representation boundaryWis. Stat. § 766.58(8) · official guidance

Joint representation, one-sided representation, or one party's lack of counsel does not by itself make an agreement unconscionable or otherwise unenforceable.

Scoped statutory propositions

  • Joint representation, one-sided representation, or one party's lack of counsel does not by itself make an agreement unconscionable or otherwise unenforceable.
  • The statute rejects an automatic rule, not the evidentiary relevance of legal guidance or conflicts.

Questions for counsel

  • How did representation affect actual understanding, voluntariness, disclosure, and fairness?
Wisconsin LegislatureReviewed 2026-07-23Open cited source ↗
spousal supportWisconsin support and public-assistance floorsWis. Stat. § 766.58(3)(d), (9) · official guidance

Support may be modified or eliminated, but during marriage a spouse may not be left without necessary and adequate support, and a court may order support needed to avoid public-assistance eligibility at dissolution or death.

Scoped statutory propositions

  • Support may be modified or eliminated, but during marriage a spouse may not be left without necessary and adequate support, and a court may order support needed to avoid public-assistance eligibility at dissolution or death.
  • The safety valves do not automatically invalidate unrelated agreement provisions.

Questions for counsel

  • Would the clause violate either statutory support floor at the relevant time?
Wisconsin LegislatureReviewed 2026-07-23Open cited source ↗
limitationsWisconsin three-part premarital fairness frameworkButton v. Button, 131 Wis. 2d 84, 95–99, 388 N.W.2d 546 (1986) · court opinion

Button requires fair and reasonable financial disclosure, free and voluntary entry, and substantively fair divorce provisions; the challenger bears the persuasion burden.

Scoped statutory propositions

  • Button requires fair and reasonable financial disclosure, free and voluntary entry, and substantively fair divorce provisions; the challenger bears the persuasion burden.
  • The linked published appellate opinion states and applies Button; current section 767.61 must also be checked.

Questions for counsel

  • Does the agreement satisfy each procedural and substantive fairness requirement?
Wisconsin Court SystemReviewed 2026-07-23Open cited source ↗
financial disclosureWisconsin actual-knowledge substitute boundaryMary A. Kordus v. Daniel Kordus, No. 2008AP111; Button; Schumacher · court opinion

For Button disclosure review, only actual knowledge of the other party's assets and values substitutes for disclosure; constructive or imputed knowledge is insufficient.

Scoped statutory propositions

  • For Button disclosure review, only actual knowledge of the other party's assets and values substitutes for disclosure; constructive or imputed knowledge is insufficient.
  • This opinion's result is fact-specific and should not replace the text of section 766.58(6)(c).

Questions for counsel

  • What did the spouse actually know about nature and value before signing?
Wisconsin Court SystemReviewed 2026-07-23Open cited source ↗
limitationsWisconsin substantive-fairness timing reviewWarren v. Warren, 147 Wis. 2d 704, 709–11, 433 N.W.2d 295 (Ct. App. 1988) · court opinion

Wisconsin's divorce-equity review examines whether circumstances at divorce were beyond the parties' contemplation; ordinary anticipated risks do not alone rescue a spouse from an unwise agreement.

Scoped statutory propositions

  • Wisconsin's divorce-equity review examines whether circumstances at divorce were beyond the parties' contemplation; ordinary anticipated risks do not alone rescue a spouse from an unwise agreement.
  • The linked later published opinion applies Warren; counsel should retrieve the reporter opinion for final reliance.

Questions for counsel

  • Were the circumstances making enforcement unfair reasonably beyond contemplation at execution?
Wisconsin Court SystemReviewed 2026-07-23Open cited source ↗
propertyWisconsin contract-construction ruleHeise v. Heise, 2004 WI App 186, ¶¶ 15–16 · court opinion

A valid premarital agreement is a binding contract interpreted under ordinary construction rules; courts may not redraft it, and it controls covered property division.

Scoped statutory propositions

  • A valid premarital agreement is a binding contract interpreted under ordinary construction rules; courts may not redraft it, and it controls covered property division.
  • Validity and equity must be resolved before treating the agreement as controlling.

Questions for counsel

  • What property does the agreement actually cover under its text?
Wisconsin Court SystemReviewed 2026-07-23Open cited source ↗
propertyWisconsin affirmative homestead waiverJones v. Estate of Jones, 2002 WI 61, ¶¶ 16–18, 253 Wis. 2d 158, 646 N.W.2d 280 · court opinion

Wisconsin favors premarital agreements, but waiver of statutory homestead protection must be affirmative and supported by the agreement's language.

Scoped statutory propositions

  • Wisconsin favors premarital agreements, but waiver of statutory homestead protection must be affirmative and supported by the agreement's language.
  • General contract validity does not itself establish waiver of every statutory survivor right.

Questions for counsel

  • Does the text clearly and affirmatively waive the specific homestead protection?
Wisconsin Court SystemReviewed 2026-07-23Open cited source ↗
propertyWisconsin property-division agreement reviewWis. Stat. § 767.61(3)(L) · official guidance

A written pre- or postmarital property-distribution agreement is a statutory property-division factor but is not binding if inequitable to either party; equity is presumed.

Scoped statutory propositions

  • A written pre- or postmarital property-distribution agreement is a statutory property-division factor but is not binding if inequitable to either party; equity is presumed.
  • Chapter 766 enforceability and chapter 767 divorce equity must not be collapsed into one test.

Questions for counsel

  • Is the agreement equitable under section 767.61 and Button at the time relevant to divorce?
Wisconsin LegislatureReviewed 2026-07-23Open cited source ↗
child supportWisconsin custody and support boundaryWis. Stat. §§ 767.41, 767.511 · official guidance

Custody and placement turn on current statutory best interests, while support is judicially determined under the percentage standard and statutory factors.

Scoped statutory propositions

  • Custody and placement turn on current statutory best interests, while support is judicially determined under the percentage standard and statutory factors.
  • Current facts, administrative support rules, safety provisions, and later amendments require contemporaneous review.

Questions for counsel

  • Does any term attempt to bind a future custody or support determination?
Wisconsin LegislatureReviewed 2026-07-23Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Wisconsin guide →View machine-readable package →
WY

Wyoming

Version
wy-2026-07-23.3
Checked
2026-07-23
Effective through
2026-07-23
Resources
15
Research tier
section verified
Source health
current with manual checks

Wyoming's statute-of-frauds formality, contract-law enforcement and construction rules, current Morrison and Lund decisions, equitable-distribution and child-law boundaries, and the separate statutory survivor-right waiver.

formalitiespropertypermitted subjectslimitationsamendment revocationfinancial disclosurevoluntarinesschild supportspousal supporteffective date
MaintenanceNext package review due 2026-10-218 access checks · 12 later-authority searches
formalitiesWyoming marriage-consideration writing ruleWyo. Stat. Ann. § 1-23-105(a)(iii) · official guidance

An agreement, promise, or undertaking made upon consideration of marriage, other than the mutual promise to marry, must be in writing and subscribed by the party to be charged.

Scoped statutory propositions

  • An agreement, promise, or undertaking made upon consideration of marriage, other than the mutual promise to marry, must be in writing and subscribed by the party to be charged.
  • This statute-of-frauds rule does not by itself decide voluntariness, disclosure, fairness, or incorporated schedules.

Questions for counsel

  • Is there a sufficient signed writing for every provision sought to be enforced?
Wyoming LegislatureReviewed 2026-07-23Open cited source ↗
propertyWyoming current premarital contract-construction decisionMorrison v. Hinson-Morrison, 2024 WY 96, ¶¶ 15–23 · court opinion

Valid premarital agreements are contracts governed by ordinary construction rules; clear language controls and a court may not add an omitted commingling provision.

Scoped statutory propositions

  • Valid premarital agreements are contracts governed by ordinary construction rules; clear language controls and a court may not add an omitted commingling provision.
  • Morrison addressed interpretation of an agreement whose enforceability was not successfully challenged; it is not a comprehensive formation test.

Questions for counsel

  • What does the agreement actually say about the disputed property and transactions?
Wyoming Judicial BranchReviewed 2026-07-23Open cited source ↗
permitted subjectsWyoming validity and certainty ruleLund v. Lund, 849 P.2d 731, 739–41 (Wyo. 1993) · court opinion

Wyoming recognizes antenuptial agreements as valid contracts that define and fix spouses' property rights, with marriage supplying consideration.

Scoped statutory propositions

  • Wyoming recognizes antenuptial agreements as valid contracts that define and fix spouses' property rights, with marriage supplying consideration.
  • The court required enforcement or a cogent record explanation; current public-policy and child rules remain mandatory.

Questions for counsel

  • Does the agreement validly define the property rights now asserted?
Wyoming Judicial BranchReviewed 2026-07-23Open cited source ↗
limitationsWyoming whole-contract interpretationLund v. Lund, 849 P.2d 731, 739 (Wyo. 1993); Morrison, 2024 WY 96 · court opinion

Clear, unambiguous text is construed from the words used, reading the agreement as a whole and each provision in light of the others.

Scoped statutory propositions

  • Clear, unambiguous text is construed from the words used, reading the agreement as a whole and each provision in light of the others.
  • Courts construe the contract but do not supply protections the parties omitted.

Questions for counsel

  • Is the disputed language unambiguous when the entire agreement is read together?
Wyoming Judicial BranchReviewed 2026-07-23Open cited source ↗
amendment revocationWyoming amendment boundaryLund v. Lund, 849 P.2d 731, 739–41 (Wyo. 1993) · court opinion

An antenuptial agreement may be modified after marriage by further agreement if the governing formal requisites or the agreement's own requirements are satisfied.

Scoped statutory propositions

  • An antenuptial agreement may be modified after marriage by further agreement if the governing formal requisites or the agreement's own requirements are satisfied.
  • Lund does not validate informal modification without an instrument-specific formalities analysis.

Questions for counsel

  • Did the parties satisfy the agreement and Wyoming law for the asserted amendment?
Wyoming Judicial BranchReviewed 2026-07-23Open cited source ↗
financial disclosureWyoming disclosure checkpoint for a later amendmentLund v. Lund, 849 P.2d 731, 737–41 (Wyo. 1993) · court opinion

Lund's record addressed whether a later amendment followed full disclosure of the nature, extent, and value of property and required a legally reviewable rationale.

Scoped statutory propositions

  • Lund's record addressed whether a later amendment followed full disclosure of the nature, extent, and value of property and required a legally reviewable rationale.
  • Wyoming has no codified UPAA divorce-enforcement checklist; counsel must research current case law on the exact challenge.

Questions for counsel

  • What property information preceded the original agreement and each later amendment?
Wyoming Judicial BranchReviewed 2026-07-23Open cited source ↗
voluntarinessWyoming voluntariness and disclosure evidence checkpointBradley v. Bradley, 2005 WY 107 · court opinion

Wyoming divorce records may require proof that the agreement and any amendment were voluntary, fair, and supported by financial disclosure before enforcement.

Scoped statutory propositions

  • Wyoming divorce records may require proof that the agreement and any amendment were voluntary, fair, and supported by financial disclosure before enforcement.
  • Bradley primarily addressed due process and default procedure; its recitals are evidence checkpoints, not a complete statewide elements test.

Questions for counsel

  • What admissible evidence establishes valid execution of the agreement and each amendment?
Wyoming Judicial BranchReviewed 2026-07-23Open cited source ↗
child supportWyoming child-support contract limitCombs v. Sherry-Combs, 865 P.2d 50, 55–56 (Wyo. 1993) · court opinion

Parents cannot contract away a minor child's right to adequate support even when their agreement is otherwise valid between them.

Scoped statutory propositions

  • Parents cannot contract away a minor child's right to adequate support even when their agreement is otherwise valid between them.
  • The child's right is independent of the parents' property bargain.

Questions for counsel

  • Does any term diminish a child's support right or obstruct current judicial review?
Wyoming Judicial BranchReviewed 2026-07-23Open cited source ↗
propertyWyoming just-and-equitable property baselineWyo. Stat. Ann. § 20-2-114 · official guidance

At divorce the court makes a just and equitable property disposition after statutory factors; valid premarital terms control covered property under Lund and Morrison.

Scoped statutory propositions

  • At divorce the court makes a just and equitable property disposition after statutory factors; valid premarital terms control covered property under Lund and Morrison.
  • A court may not use section 20-2-114 to rewrite clear covered terms without a cogent legal basis.

Questions for counsel

  • Which assets are governed by the agreement and which remain for statutory distribution?
Wyoming LegislatureReviewed 2026-07-23Open cited source ↗
spousal supportWyoming alimony baselineWyo. Stat. Ann. § 20-2-114 · official guidance

Section 20-2-114 authorizes reasonable alimony having regard to the other spouse's ability to pay, subject to any valid contractual limitation and current law.

Scoped statutory propositions

  • Section 20-2-114 authorizes reasonable alimony having regard to the other spouse's ability to pay, subject to any valid contractual limitation and current law.
  • Wyoming has no UPAA public-assistance subsection; do not import another state's statutory safety valve.

Questions for counsel

  • What support could be ordered absent the clause, and is the clause valid and within its scope?
Wyoming LegislatureReviewed 2026-07-23Open cited source ↗
child supportWyoming custody and support boundaryWyo. Stat. Ann. §§ 20-2-201, 20-2-302 to -307 · official guidance

Custody turns on current best interests, while all support orders use current presumptive guidelines subject to statutory deviation and modification rules.

Scoped statutory propositions

  • Custody turns on current best interests, while all support orders use current presumptive guidelines subject to statutory deviation and modification rules.
  • Current evidence, income definitions, tables, health-care duties, and amendments require contemporaneous review.

Questions for counsel

  • Does any term attempt to bind custody or replace current support calculation?
Wyoming LegislatureReviewed 2026-07-23Open cited source ↗
formalitiesWyoming survivor-rights waiver formalitiesWyo. Stat. Ann. § 2-5-102 · official guidance

Elective-share, homestead, exempt-property, and family-allowance rights may be waived wholly or partly before or after marriage by a written contract, agreement, or waiver signed after fair disclosure.

Scoped statutory propositions

  • Elective-share, homestead, exempt-property, and family-allowance rights may be waived wholly or partly before or after marriage by a written contract, agreement, or waiver signed after fair disclosure.
  • This death-right statute does not provide Wyoming's divorce-enforcement test.

Questions for counsel

  • Does the instrument satisfy the separate probate waiver and fair-disclosure requirements?
Wyoming LegislatureReviewed 2026-07-23Open cited source ↗
propertyWyoming all-rights probate waiver constructionWyo. Stat. Ann. § 2-5-102 · official guidance

Unless the waiver provides otherwise, a waiver of all rights or equivalent language operates on the listed survivor rights and specified intestate or pre-waiver will benefits.

Scoped statutory propositions

  • Unless the waiver provides otherwise, a waiver of all rights or equivalent language operates on the listed survivor rights and specified intestate or pre-waiver will benefits.
  • Read the current section in full because a complete settlement connected with separation or divorce receives separate treatment.

Questions for counsel

  • Does the waiver language clearly reach the particular survivor benefit asserted?
Wyoming LegislatureReviewed 2026-07-23Open cited source ↗
effective dateWyoming marriage-consideration effectiveness checkpointLund v. Lund, 849 P.2d 731, 739–40 (Wyo. 1993) · court opinion

A premarital agreement is entered in contemplation and consideration of marriage, and the marriage supplies its consideration.

Scoped statutory propositions

  • A premarital agreement is entered in contemplation and consideration of marriage, and the marriage supplies its consideration.
  • A postmarital agreement and a present property transfer may invoke different rules.

Questions for counsel

  • Did the contemplated marriage occur, and which agreement or amendment governs?
Wyoming Judicial BranchReviewed 2026-07-23Open cited source ↗
effective dateWyoming non-uniform-act applicability checkpointLaird v. Laird, 597 P.2d 463 (Wyo. 1979); Lund; Morrison · court opinion

Wyoming has no enacted UPAA or UPMAA schedule; execution date, the then-current statute of frauds, contract decisions, and any separate probate statute determine the governing regime.

Scoped statutory propositions

  • Wyoming has no enacted UPAA or UPMAA schedule; execution date, the then-current statute of frauds, contract decisions, and any separate probate statute determine the governing regime.
  • Do not import uniform-act disclosure, timing, or counsel elements from another jurisdiction.

Questions for counsel

  • Which law governed the agreement and each later transaction when made?
Wyoming Judicial BranchReviewed 2026-07-23Open cited source ↗
Package limitations
  • This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
  • Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
  • Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.
Read the Wyoming guide →View machine-readable package →
Evidence-backed educational research. Not a personalized legal opinion or a prediction of enforceability.