Yes, in general, prenuptial, or antenuptial, agreements are valid. The theory is that each party willingly entered into the agreement and, as such, are contractually bound. However, if a court determines that a party did not willingly enter into the prenuptial agreement or the agreement was based on fraud, then the agreement will not be enforceable. For example, a party can contest a prenuptial agreement if he or she did not receive full and frank knowledge of all available assets of the other person. Likewise, a party can try to contest the validity of such an agreement if the agreement is too one-sided or unfair as to be considered unconscionable under state law.
- Is a marriage in a foreign country recognized as valid in the United States?
- Who can perform marriages?
- Can a person have multiple spouses?
- When did the law allow interracial marriages?
- Can parties of the same sex marry?
- At what age can a person legally marry?
- What are the differences between civil unions and marriages?
- What are civil unions?
- What states still recognize common law marriages?
- Can cousins legally marry?
- What does the law say about limiting marriages between family members?
- Can parties who enter into a regular marriage change or convert that marriage into a covenant marriage?
- What states allow covenant marriages?
- What is a covenant marriage?
- Must you take a blood test before getting married?
- How much does a marriage license cost?
- What is a common law marriage?
- How can people be married?
- How is marriage defined by the law?
- What types of issues are covered by family law, or the law of domestic relations?
