Formulaic Premarital Agreements Sample Clauses

Formulaic Premarital Agreements. The question of enforceability plagues not only procedurally and substantively complicated agreements,87 but also simple ones. Any internet search reveals premarital agreement packages with boilerplate language, allowing the prospective spouses to sign formulaic contracts without spending money on attorneys’ fees.88 Ultimately, form premarital agreements are not inherently more or less enforceable than those drafted by lawyers.89 They are subject to the same procedural and substantive limitations as any other premarital agreement, thus representing a reliable option for low cost divorce planning. There are certainly advantages and disadvantages to an increased use of such unsophisticated premarital agreements. On the one hand, without lawyers, prospective spouses may not know the depth and scope of potential negotiations, lessening their bargaining power. On the other hand, inexpensive premarital agreements allow spouses of modest means to plan for a potential divorce.90 Furthermore, because one side does not outmatch the other in legal power, perhaps the spouses achieve greater equality in such negotiations. In many ways, the formulaic premarital agreement parallels the holographic will. Similar public policy reasons permit both, centering on the autonomy of the individual to dispose of his or her own property. Furthermore, the do-it-yourself premarital 87 For a good review of the complex financial issues that might be considered by a premarital agreement, see Xxxxx X. Xxxxxxx, Complex Financial Issues in Family Law Cases, 37 COLO. LAW. 53 (2008). 88 For examples of companies that sell asset protection in marriage, see xxxx://xxxxxxxxxxxxxxxxxxxxxxx.xxx (last visited Oct. 11, 2009) (form premarital agreements for as low as $29.99) and xxxx://xxx.xxxxxxxxxxxxxx.xxx/premarital.asp (last visited Oct. 11, 2009) (same for $9.95). See also Xxxxxx Xxxxx-Xxxxxx, Comment, Defaults and Choices in the Marriage Contract: How to Increase Autonomy, Encourage Discussion, and Circumvent Constitutional Constraints, 24 TOURO L. REV. 31, 68 n.166 (2008).
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