Previous posts regarding prenuptial agreements have discussed the validity of premarital agreements in very general terms, focusing on the broad concepts of procedural and substantive unfairness. Procedural unfairness creates a very real risk that the agreement might not be enforced. Substantive unfairness is not so important, but it can create…
Previously, we highlighted the risks of asking a future spouse to sign a substantively unfair agreement. These risks are not triggered merely because the terms of the agreement are not exactly equal. Rather, substantive unfairness is present only when the agreement passes some minimum threshold of inequality. So how far…
Our last premarital agreement post discussed the fairness of the procedures used when a premarital agreement was signed. This post will discuss the substantive fairness of the agreement itself. As noted previously, courts give considerably more attention to procedural fairness than to substantive unfairness. As long as fair procedures are…