Does A Premarital Agreement Need to Be Fair?

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.

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