Agreements in Restraint Marriage

Agreements in Restraint of Marriage: What You Need to Know

Agreements in restraint of marriage, or prenuptial agreements, are legal contracts between two individuals who plan to get married. These agreements typically outline which assets and properties belong to each person and how they will be divided in case of a divorce or separation. However, agreements in restraint of marriage go beyond just dividing assets; they also include provisions that limit the rights of one or both parties to remarry, hence the term “restraint of marriage.”

While prenuptial agreements are not new, they have become increasingly common in recent years. According to a survey conducted by the American Academy of Matrimonial Lawyers, 63% of divorce attorneys reported an increase in prenuptial agreements in the past three years. This trend can be attributed to the fact that more people are waiting longer to get married and are bringing more assets and debts into their marriages.

However, agreements in restraint of marriage are not always enforceable. Courts have traditionally been hesitant to enforce provisions that restrict a person`s legal right to remarry. In fact, some states have laws that outright prohibit any clauses in prenuptial agreements that limit the right to remarry.

So, if you`re considering entering into an agreement in restraint of marriage, it`s important to understand the limitations and requirements that come with it. Here are some things you need to keep in mind:

1. A prenuptial agreement must be in writing and signed by both parties. Verbal agreements are not legally enforceable.

2. Each party must have the opportunity to review the agreement and seek independent legal advice before signing it.

3. The agreement must be voluntary; neither party can be coerced or forced into signing it.

4. The agreement must be fair and reasonable to both parties. Courts are unlikely to enforce an agreement that is grossly unfair to one party.

5. The agreement cannot violate any state laws or public policy. This means that any clause that restricts the right to remarry may not be enforceable in some states.

6. Postnuptial agreements, which are entered into after a marriage has begun, are subject to the same requirements and limitations as prenuptial agreements.

In conclusion, agreements in restraint of marriage can be useful tools for couples who want to clarify their respective rights and obligations in a marriage. However, these agreements must be carefully drafted and reviewed to ensure their enforceability. It`s important to work with an experienced attorney who can help you navigate the legal requirements and limitations of prenuptial agreements.