In recent years, prenuptial agreements have been deemed bad by the court as a matter of public policy. It is assumed that premarital agreements change marriage, which should be an intimate and sacred bond between two people, into a financial contract.
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Premarital agreements not only force couples to consider the financial implications of marriage, but they also have the ability to reduce the number of conflicts if the marriage ends in divorce. Anyone who has gone through divorce will prove the fact that the fewer conflicts that occur when dissolving marriage, the lower the financial burden on both parties.
The benefits of premarital agreements extend beyond just making a divorce that is not too complicated. Another function of this agreement is to protect the post mortem desire of the spouse if one or both die without having the intention to be executed legally.
There are several basic requirements for legally executed premarital agreements that are generally accepted in most jurisdictions. First, there is no oral premarital agreement, so each prenuptial agreement must be made in writing.
Second, premarital agreements must be carried out voluntarily; premarital agreements that are found to have been signed under duress or unfair pressure from other parties will not be enforced. Third, prenuptial agreements cannot be vacillating; if the agreement makes one party impoverished in terms of divorce or places an unfair burden on one party, it will not be enforced. Finally, it is necessary that the prenuptial agreement must be notarized.