Play video

Defenses to Premarital Agreements

Learn about defenses to the enforcement of premarital agreements.


In another video, we covered the formation requirements for a premarital agreement. Recall that a premarital agreement is an agreement entered into before marriage in which prospective spouses state rules to govern their respective property rights. If the formation requirements are satisfied, then a premarital agreement is usually enforceable. But just as with other types of contracts, there are certain defenses to enforcement. The two primary defenses are unconscionability and lack of...