What are the requirements for entering a valid premarital agreement in your state?

What are the requirements for entering a valid premarital agreement in your state? (See General Instructions for the State-Code Assignment in Appendix A.)

a. Jim and Mary are about to be married. Mary is a wealthy actress. Jim is a struggling artist. Both agree that it would be a good idea to have a premarital agreement. Mary suggests that Jim make an appointment to visit her tax preparer, whom Mary will instruct to give Jim a complete understanding of her assets. Laughing, Jim replies, “Not necessary. I’m insulted at the suggestion, my love.” A year after the marriage, the parties divorce. Mary seeks to apply the premarital agreement, which provides that Jim is not entitled to support nor to any of Mary’s property in the event of a divorce. Jim argues that the agreement is unenforceable. Discuss whether he is correct. (See General Instructions for the Legal Analysis Assignment in Appendix A.)

b. Do women have enough equality in today’s society that they should be forced to live with agreements that, in hindsight, they should not have made? Is it more demeaning to a woman to rescue her from a bad agreement or to force her to live in drastically poorer economic circumstances because of the premarital agreement she signed?

 

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