District of Columbia Model Letter to Client regarding Antenuptial Premarital Agreements - informational
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How to fill out Model Letter To Client Regarding Antenuptial Premarital Agreements - Informational?
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FAQ
An antenuptial agreement or a prenuptial agreement is an agreement made between parties before getting married, permitting them to individually retain certain assets during the marriage and after the marriage if divorce arises.
D.C. has passed the Uniform Prenuptial Agreement Act (UPAA), which is a set of rules that several states use to determine the enforceability of prenuptial agreements. Under the UPAA, prospective spouses must both sign a written prenuptial agreement for it to be enforceable.
§ 46?502. A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration.
D.C. has passed the Uniform Prenuptial Agreement Act (UPAA), which is a set of rules that several states use to determine the enforceability of prenuptial agreements. Under the UPAA, prospective spouses must both sign a written prenuptial agreement for it to be enforceable.
You will define the categories of property that should remain separate and only yours during your marriage. These assets can include things like real estate, bank accounts, investments, and personal property such as cars, furniture, jewelry, and other valuables, as well as financial gifts, trusts or inheritance.
As prenups are not legally binding, there are certain criteria that must be met for the court to take them seriously. The prenup must be entered into willingly by both parties, who should both have received legal advice and should both have received full disclosure. Both parties will need to sign the prenup.
A DC Prenuptial Agreement must be in writing, must be fair, and it is best if it is signed by both parties in front of a Notary. It must be executed voluntarily with both parties having ample time to discuss the provisions and consult legal counsel prior to signing.