All articles by Leigh-Alexandra Basha

Enforceability of Pre- and Post-marital Agreements

Enforceability of Marital Agreements An important issue for the couple is whether the marital agreement will be enforceable. Generally, it will be upheld if it was entered into voluntarily and is not unconscionable. There are several facts the courts will look at to determine enforceability. First, both parties must sign the agreement voluntarily. It should not be signed in circumstances that may indicate duress, coercion or undue pressure. This means that the parties should not sign the agreement en route to the wedding ceremony. Ideally,...

Read More


Common law marriage, same sex marriages and divorce

Common Law Marriage A right at common law to marry exists unless state law affirmatively changes the right. Common-law marriage can be contracted in eleven U.S. states: Alabama, Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, Utah, and the District of Columbia. The requirements for a common-law marriage to be validly contracted differ in the eleven states which still permit them. A common-law marriage is recognized for federal tax purposes if it is recognized by the state where the parties...

Read More

divorce, common law, same sex marriage

Introducing Pre- and Post-Marital Agreements

Marriage today is more complex than ever given the high rates of divorce, second marriages, blended families, and increasing globalization of couples. Anyone with significant property, an inheritance, a family business, or children from a prior marriage ought to consider a pre-marital agreement. Those entering a same sex marriage or civil union should also consider one. If the couple is multinational or goes global, there could be unintended changes to property ownership and tax consequences. What additional considerations should a couple...

Read More

postmarital and premarital agreements

Validity of Premarital Agreements in USA

Validity of Premarital and Marital Agreements in the USA All fifty states in the United States recognize the validity of premarital agreements and over half of the states have adopted the Uniform Premarital Agreement Act ("UPAA") adopted in 1983 by the National Conference of Commissioners on Uniform State Laws ("NCCUSL"). The UPAA has been adopted by 30 states.[Arizona, Arkansas, California, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Mississippi, Missouri, Montana, Nebraska,...

Read More

Premarital Agreement