Prenuptial Agreements

Prior to marriage, the parties involved may choose to enter into a contract that determines their respective rights upon dissolution of the marriage or the death of one of the parties. These arrangements are called antenuptial agreements, premarital agreements, or prenuptial agreements.

A prenuptial agreement will include details on how the responsibilities and property rights will be handled during the marriage: who will pay the bills, who will support children from a prior marriage, who will pay the mortgage, how the children’s upbringing will be handled, and who will care for the children’s day-to-day needs. A prenuptial agreement can also address the disposition of the parties’ estates in the event of divorce or death.

Your Assignment

Draft a memo to your supervising attorney on prenuptial agreements and their utilities. Below are the specific instructions and questions that are applicable to this assignment:

• Perform simple research on the issue of prenuptial agreements or similar concepts. When conducting your search in Westlaw, remember to narrow your database and jurisdictional searches by choosing your state in the “Select a State” pull-down menus.
• Locate your state’s statute regarding Pre-nuptial agreements. Conduct your research using databases available in Kaplan’s online library, as well as other online resources.
• Include the citation of your state’s statute.
• In performing your research, look for the following concepts: Uniform Premarital Agreement Act (see Appendix A within your textbook, as it is provided there for you), legal requirements for a valid prenuptial agreement, and factors that invalidate a prenuptial agreement.
• Answer the following questions:
  1. What is the Uniform Premarital Agreement Act and has your jurisdiction adopted it?
  2. What are the legal requirements of a valid prenuptial agreement in your jurisdiction?
  3. What factors can invalidate a prenuptial agreement?
  4. Should prenuptial agreements be compulsory?
  5. What are the advantages and disadvantages of prenuptial agreements?

  In addition to fulfilling the specifics of the Assignment, a successful paper must also meet the following criteria:

  • Length should be at least 2 pages, excluding cover page and references page
  • Double spaced and 10-12 point font (Arial, Courier, and Times New Roman are acceptable)
  • Viewpoint and purpose should be clearly established and sustained
  • Assignment should follow the conventions of Standard American English (correct grammar, punctuation, etc.).
  • Writing should be well ordered, logical and unified, as well as original and insightful
  • Your work should display superior content, organization, style, and mechanics
  • Appropriate citation style should be followed

Cite any sources in APA format. Consult your Rules for Writers book if you have questions. Cite any cases in proper Bluebook format.

As always, you can and should always refer to your instructor for assistance, as this is your instant resource for assistance.

Good luck! I look forward to reviewing your papers!

Your Paper is due by the end of this unit.

When you are ready to submit your paper, select the Unit 3: Assignment Dropbox.