Does "Fairness" Matter?

The law does not require that the agreement be "fair" toward your future spouse. Rather, the courts assume that men and women are intelligent decision makers. As such, they are free to enter into agreements that may or may not seem "fair" in hindsight.

In other words, the courts no longer assume that women are feeble. To the contrarty, the courts assume that all adult individuals of sound mind and body (regardless of genger) are capable of obtaining higher education, getting an advanced earning capacity and, yes, entering into a premarial agreement. premarital agreement. That said, any increase in value of your premarital assets will become marital, absent an agreement.

Likewise, any newly acquired asset during marriage will become a marital asset (absent certain exceptions), unless you have a premarital agreement. So, for example, once you are married, payments into your 401K will be part of the marital estate absent an agreement to the contrary.

For more information:
FAQ - Premarital
Agreements
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