The relationship of the parties is special: the contract is made not by two parties operating at arm’s length, but by two persons who are preparing to marry.
A premarital agreement is an unusual contract. It is an agreement between marrying persons that, at least in part, contemplates the breakup of the marriage. The subject matter of the agreement is unique: no other contract can address such matters as Child Custody, child education, and spousal maintenance.
The contract is enforceable without consideration or the exchange of value, whereas most contracts require consideration. Finally, the contract may not be enforced until years after it was first formed.
Although they are exceptional, premarital agreements have become increasingly popular in the United States. Let Sgro & Roger assist with the drafting and enforcement.
A premarital agreement is a contract made in anticipation of marriage that specifies the rights and obligations of the parties. Such an agreement typically includes terms for property distribution in the event the marriage terminates.
All states recognize premarital agreements through statutes or court decisions. Contact Sgro & Roger at 702.384.9800 for a free consultation, today.
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