Day: October 2, 2021

Even in States that have not adopted up TOAA/UPMAA, such as New York, duly executed marriage contracts enjoy the same presumption of legality as any other contract. [32] It is not necessary for a couple signing a marriage contract to use separate lawyers to represent them, as long as each party understands the agreement and voluntarily signs it with the intention of being bound by its terms. There is a strong public policy that favours parties that rank and decide their own interests through treaties. [33] There are no state or federal laws that require adults with contractual capacity to hire an attorney to enter into a marriage contract such as a marriage contract, with the exception of a California law that requires the parties to be represented by an attorney when support is limited by the agreement. [34] A marriage contract can be challenged if it is proven that the contract was signed under duress. [35] The signing of a pre-marital agreement under duress must be demonstrated by the facts and circumstances of each case. For example, it was found that a spouse`s assertion that she believed there would be no marriage if she did not sign a marriage contract where the marriage was only two weeks away and marriage plans had been made, was not sufficient to demonstrate coercion. [36] In the past, marriage contracts have not been found to be legally enforceable in England and Wales due to judicial reluctance on grounds of public policy. In 2015, the U.S. Supreme Court granted same-sex marriages the same legal basis as marriage between couples of both sexes, in Obergefell v. Hodges (delivered June 26, 2015).

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