Premarital, or prenuptial agreements are agreements two parties enter into before the marriage primarily to resolve the economic consequences of divorce. The court will enforce the prenuptial agreement in a divorce if the agreement was entered into according to the proper procedure, and if the terms of the agreement are fair and not unconscionable. Prenuptial agreements must be entered into willingly by both parties, who are informed that each party are strongly encouraged, but not required, to be represented by separate counsel, and each party must disclose their financial and property assets to each other for the prenuptial agreement to be valid. The prenuptial agreement usually outlines which of each party’s assets will be considered separate property, and therefore not subject to division in a divorce. The prenuptial agreement may limit or eliminate maintenance (alimony) for the less-monied spouse as a consequence of divorce, so long as each party is able to support themselves financially prior to marriage and after the divorce.
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