Discuss The Different Standards Used By Courts In Determineing The Enforceability Of Premarital Agreements
630 Words3 Pages
If so, should there be limits to the subject matter of premarital agreements?
Even though thought some sictuations could call for a pre-marital agrement, I do believe that there should be a limit to the subject matter. For example, the subject of children and the care of children should never be discussed in a pre- marital agreement. As the Edwards case points out premarital agreements should not include custody of children, child support and visitation rights. These issues are to important to be detrmined beford hand. Edwards v. Edwards, 798 S.W.2d 941 (1990). Sictuations may occure that would change the dinamics of one parties financial or physical ability to take care of a child.
#4.) What are the different standards used by courts in determineing the enforceability of premarital contracts? Refer to particular cases in responding to this question.…show more content… A prenuptial agreement is a written agreement made by the parties in advance of a marriage in contemplation of death or divorce, which will seek to set the terms of the parties rights against one another with respect to property and support in the event of dissolution or termination of the marriage.
Courts in different jurisdictions use different standards when determineing the enforceability of premarital contracts. Some jurisdictions looked at the agreements between the parties to make sure that such agreements do not go against public policy. Other look at the fairness, reasonable and the conscionability of such