Family Law News

Marital Agreements Antenuptial Agreements

A great appreciation in the husband’s assets designated as “separate” under an antenuptial agreement was not unforeseeable, and thus did not render the parties’ antenuptial agreement void for an unforseen change in circumstances.
Reed v. Reed, No. 248895

Because the statute clearly states that an antenuptial agreement must be executed in the presence of two witnesses, an agreement that was witnessed by only one person is per se invalid, even if it is otherwise valid and fair.
Siewart v. Siewart, No. A04-702
(Minnesota Court of Appeals,

An antenuptial agreement’s provision wherein the wife waived all alimony and/or spousal support was void as against public policy.
Sanford v. Sanford, 2005 SD 34
(South Dakota Supreme Court, March 9, 2005)

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	Did You Know?
	There are legal requirements for being married? As in all areas of family law it is wise to consult with your lawyer. The legal requirements for a man and a woman to marry vary from state to state. Although there are differences between the requirements in the various states, a marriage between a man and a woman performed in one state must be recognized by every other state under the Full Faith and Credit Clause of the United States Constitution.