CHAPTER 4
PRENUPTIAL AGREEMENTS
© 2006 Thomson Delmar Learning. All Right Reserved.
Chapter 4
Prenuptial Agreements
• Love and Contracts: An Unlikely Pair
• Prenuptial agreement/ante nuptial agreement
– When it is created
– General Requirements
© 2006 Thomson Delmar Learning. All Right Reserved.
Chapter 4
Prenuptial Agreements
• Uniform Prenuptial Agreement Act (UPAA)
– Five general requirements of (UPAA)
◦ A written agreement
◦ Contractual capacity
◦ Voluntary agreement
◦ Must not be unconscionable
◦ Full disclosure of assets
© 2006 Thomson Delmar Learning. All Right Reserved.
Chapter 4
Prenuptial Agreements
• Engaged Couples Combine Marriage and
Binding Contracts
• Define assets
• Understand the most common prenuptial scenario
• Seeking Legal Advice
• Separate attorneys for each party
• Susan Conducts Prenuptial Agreement
Interviews
• Prenuptial Interview Questions List
© 2006 Thomson Delmar Learning. All Right Reserved.
Chapter 4
Prenuptial Agreements
• An Older Couple Plans to Wed
• Four steps for adult children dealing with a parent’s
remarriage
– Children need to recognize a parent’s right to happiness
– Remember that they have a unique relationship with their
parent
– Seek professional help
– Deal with money issues
© 2006 Thomson Delmar Learning. All Right Reserved.
Chapter 4
Prenuptial Agreements
• Susan’s Summary of Bridget and Robert’s
Interview
• A Little Story About Jack and Diane
• Prenuptial Agreement for Bridget and Robert
© 2006 Thomson Delmar Learning. All Right Reserved.
Chapter 4
Prenuptial Agreements
• Look to the Contract
• Prenuptial agreements should explain parties
situation
• Elements of a contract
– Offer
– Acceptance
– Mental intent to make a contract
– Consideration
• Parole evidence
– Rescission
© 2006 Thomson Delmar Learning. All Right Reserved.
Chapter 4
Prenuptial Agreements
• What Should be included in a Prenuptial
Agreement
• Best policy is honesty
© 2006 Thomson Delmar Learning. All Right Reserved.
Chapter 4
Prenuptial Agreements
• No Two Prenuptial Agreements Alike
• Payee and payor spouse
• Key items
– Full disclosure of assets
– Description of what happens to your premarital property
– Decision of who will own the marital property
– Specification of the status of gifts, inheritances, and trusts
– Clarification of what will happen with assets
– Decision as to the amount of support and/or waiver for
property
– Details of death benefits
– Decisions on insurances
© 2006 Thomson Delmar Learning. All Right Reserved.
Chapter 4
Prenuptial Agreements
• Just How Specific Should the Prenuptial
Agreement Be?
• Courts Rule When It Concerns Children
• Courts have the right to nullify a prenuptial
agreement when it pertains to child custody and/or
child support
© 2006 Thomson Delmar Learning. All Right Reserved.
Chapter 4
Prenuptial Agreements
• Helpful Practice Tips
• Ask clients for a list of goals
• Allow ample time prior to the wedding for
preparation and negotiations
• Historical Prenuptial Case
• Posner v. Posner
• Define
– Quash
– Vacate
– Judicial notice
© 2006 Thomson Delmar Learning. All Right Reserved.
Chapter 4
Prenuptial Agreements
• How to Prove the Invalidity of a Prenuptial
Agreement
• Several ways to prove invalidity
– Doesn’t follow all of the requirements of the state
– Show proof that required contract standards were not met
– Fraud committed by one spouse
• Nanini v. Nanini
© 2006 Thomson Delmar Learning. All Right Reserved.
Chapter 4
Prenuptial Agreements
• Constructive Trust Created for Husband
• Martin v. Farber
• Understand
– Constructive trust
– Intestate
• Deceased Spouse’s Honesty Questioned
• In re Estate of LeRoy A. Hillegass
© 2006 Thomson Delmar Learning. All Right Reserved.
Chapter 4
Prenuptial Agreements
• The Status of Prenuptial Agreements: Where
Are They Now?
• Simeone v. Simeone
• Reconciliation Agreements
• Curry v. Curry
– Reconciliation agreement
– Post-nuptial agreement
– Substantial agreement
© 2006 Thomson Delmar Learning. All Right Reserved.
Chapter 4
Prenuptial Agreements
• Ethics Alert:
• Truthfulness questioned
© 2006 Thomson Delmar Learning. All Right Reserved.