Premarital Agreement Choice of Law

(A) In the case of an agreement concluded between 1 January 2002 and 1 January 2020, the party against whom enforcement is sought had at least seven calendar days between the date on which the final agreement was first submitted to that party and recommended that it seek independent legal assistance and the date of signature of the agreement. This requirement does not apply to non-material amendments that do not alter the terms of the Agreement. After marriage, a prenuptial agreement can only be modified or revoked by a written agreement signed by the parties. The amended agreement or revocation is enforceable without consideration. (a) A prenuptial agreement is not enforceable if the party against whom enforcement is sought proves one of the following conditions: unscrupulous. Whether a prenuptial contract is unscrupulous is decided by the court as a question of law. A prenuptial agreement is unscrupulous if it applies to that party before the execution of the agreement all of the following: A prenuptial agreement becomes effective with the marriage. Married persons may conclude agreements between themselves to govern the rights and obligations of one or both of them, to the same extent, with the same effect and under the same conditions as those provided for in articles 20-147 to 20-154 for agreements between potential spouses, except that such marriage contracts take effect immediately after their execution. If the terms of such an agreement are (i) contained in a court order approved by the attorney or the parties, or (ii) recorded and transcribed by a court reporter and personally confirmed by the parties, the agreement does not need to be in writing and will be deemed enforced. Any vote between the parties following the signing of an agreement for the separation or settlement of assets shall replace such agreement, unless expressly stated otherwise in the agreement. After marriage, a prenuptial agreement can only be modified or revoked by a written agreement signed by both parties. (b) if a provision of a prenuptial contract modifies or eliminates the assistance of spouses or life partners and such modification or elimination results in a party to the agreement being entitled to assistance under a public support program at the time of separation, dissolution of marriage or termination of a household partnership under paragraph 32-702(d); a court, notwithstanding the terms of the agreement, may require the other party to provide assistance to the extent necessary to avoid such eligibility.

Any limitation period applicable to an action asserting a claim for compensation under a prenuptial contract is extended during the marriage of the parties to the agreement. However, both parties have fair means limiting the time of execution, including Laches and Estoppel. (a) `prenuptial agreement` means an agreement between potential spouses which is concluded in return for the marriage and takes effect at the time of the marriage. A prenuptial agreement must be written and signed by both parties. It is enforceable without consideration. B. Any question of lack of scruples of a prenuptial agreement is legally decided by the court. Recitations in the agreement give rise to a prima facie presumption that they are factually correct. (3) The party against whom enforcement is sought, unless represented by a lawyer, has been fully informed of the terms and fundamental effects of the agreement, as well as the rights and obligations which it waived when signing the agreement, and has spoken the language in which the party`s bill of rights was made and in which the agreement was drawn up. The explanation of the rights and obligations waived must be presented in writing and communicated to the party before the contract is signed. The unrepresented party shall issue, at or before the signing of the prenuptial contract, a document indicating that the party has received the information required under this paragraph and indicating who provided that information.

If a marriage is declared null and void, an agreement that would otherwise have been a prenuptial agreement will only be enforceable to the extent necessary to avoid an unjust outcome. .