What are the requirements of a prenuptial agreement?

NOTICE: None of these questions and answers constitute legal advice. To obtain legal advice, consult with an attorney. This is
especially important in divorce and family law matters, in which outcomes are often peculiar to the particular facts and circumstances of the case.

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Question: What are the requirements of a prenuptial agreement?

Answer: (1) A prenuptial agreement must be in writing. No action can be
brought on an agreement made in consideration of marriage unless
the agreement or some memorandum or note of it is in writing,
signed by the person to be charged. (2) It must be “supported by
consideration,” which means something of value must be
exchanged. But marriage itself is sufficient consideration. (3) It
must be fair and reasonable. Fairness and reasonableness are
judged as of the time the agreement made, not based on conditions
occurring subsequently. (4) There must be full and truthful
disclosure, or actual knowledge of one another’s assets and debts,
income and expenses. (5) The agreement must be entered freely
and voluntarily. There can be no fraud or duress. (6) Each party
must have independent legal advice, or at least a real opportunity to
get independent legal advice.

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