DC PRENUPTIAL AGREEMENT STATUTE

The DC Prenuptial Agreement Statute provides some basic framework and limitations as to the content of the prenuptial agreements.  Subsection (a)(8) as listed below however allows specifically the agreements to be expansive and include multitude of subject matters as long as not against public policy.

It is imperative to draft and execute an agreement that is forward thinking and provides additional protections and definitions beyond items listed below and itemized in the Statute.

Specifically, the Statute provides:

(a) Parties to a premarital agreement may contract with respect to:

  1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
  2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
  3. The disposition of property upon separation, marital dissolution, annulment, termination of a domestic partnership pursuant to § 32-702(d), death, or the occurrence or nonoccurrence of any other event;
  4. The modification or elimination of spousal or domestic partner support;
  5. The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
  6. The ownership rights in, and disposition of, the death benefit from a life insurance policy;
  7. The choice of law governing the construction of the agreement; and
  8. Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

(b) The right of a child to support may not be adversely affected by a premarital agreement.

The Code also in pertinent parts outlines enforceability criterial:

(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:

  1. That party did not execute the agreement voluntarily; or
  2. The agreement was unconscionable when it was executed and, before execution of the agreement, that party:

(A) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;

(B) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and

(C) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

Refer to our Washington DC Prenuptial Lawyer/Divorce pages for more information and content on this subject.

Categories: Family Law.