When is a premarital agreement enforceable?

A premarital agreement is enforceable when it is entered into voluntarily and not unconscionable. Voluntariness ensures that both parties freely consented to the terms of the agreement, without any coercion or pressure. This is fundamental to upholding the agreement's validity, as it reflects the genuine intention of the parties to enter into a binding contract regarding their marital rights and obligations.

The requirement of unconscionability further reinforces the idea that a premarital agreement must be fair and reasonable at the time it was made. If the terms are so one-sided that they shock the conscience or if one party lacked adequate representation or understanding of the agreement, it may be deemed unconscionable and, thus, unenforceable.

While having legal counsel, providing asset disclosures, or meeting state-specific requirements may bolster the enforceability of a premarital agreement, they are not absolute conditions for enforceability. A court may uphold an agreement even in the absence of these factors, as long as the essential elements of voluntariness and non-unconscionability are present.