Types of Prenuptial Agreements & Legal Requirements

The two types of prenuptial agreeements are:

1. marriange contracts
2. co-habitation agreements

Marriage contracts are for couples who are about to be married or are who are already married. Co-habitation agreements are for unmarried couples.

What makes a prenuptial agreement valid?

Four factors must be in place in order for a prenuptial agreement to be valid. They are:

1. the contract must be in writing and cannot simply be an oral agreement or arrangement
2. the contract must be signed by each party voluntarily
3. the contract must offer full disclosure at the time it is signed
4. the agreement can't be "unconscionable", i.e., can't have terms that are unfair to one party. Note: This is a legal term of art. Prenuptial agreements can be signed by a party that waives his or her right to property, alimony, etc.

Last reviewed October 2024