pjc-family-2024-lib

PJC 207.2

E NFORCEABILITY OF P ROPERTY A GREEMENTS

PJC 207.2

Enforceability of Premarital Agreement

PJC 207.2A Enforceability of Premarital Agreement—Definition

A premarital agreement is an agreement between prospective spouses made in contemplation of marriage and to be effective on marriage. A premarital agreement must be in writing and signed by both parties.

PJC 207.2B Enforceability of Premarital Agreement—Voluntariness

A premarital agreement is unenforceable if the party against whom enforce ment is requested proves that he or she did not sign the agreement voluntarily.

PJC 207.2C Enforceability of Premarital Agreement—Knowledge and Disclosure

A premarital agreement is unenforceable if the party against whom enforce ment is requested proves that, before signing the agreement, that party— 1. was not provided a fair and reasonable disclosure of the property or financial obligations of the other party; and 2. did not voluntarily and expressly waive, in writing, any right to dis closure of the property or financial obligations of the other party beyond the disclosure provided; and 3. did not have and reasonably could not have had adequate knowl edge of the property or financial obligations of the other party.

PJC 207.2D Enforceability of Premarital Agreement—Question

QUESTION 1

Is the premarital agreement unenforceable? Answer “Yes” or “No.” Answer: _______________

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