Ratification of Premarital Agreements
While a premarital agreement can be amended or revoked, it can also be ratified. Ratification of a premarital agreement can occur at any time after the marriage. Ratification of a premarital agreement regarding then existing or to be acquired property or can occur in more than one manner. One way a couple can ratify a premarital agreement is to enter into a partition and exchange agreement. A partition and exchange agreement is a contract that spells out the nature of existing or to be acquired property. In a partition and exchange agreement, the parties can agree that the income or other property spawned from separate property will stay separate property of that spouse. This type of post-nuptial agreement does not need judicial approval, but there must be full and complete disclosure of all assets and liabilities prior to signing the agreement, the agreement itself is not unconscionable, and the parties must have voluntarily entered into the agreement.
Another way to ratify a premarital agreement is to seek a declaratory judgment asking the court to approve the agreement and to declare its enforceability. This process, if done immediately after marriage, confirms the enforceability of the agreement before any disputes of questions arise.
We invite you to contact us for a consultation. Call Garg & Associates, PC at 281-362-2865 or complete our contact form.