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Antenuptial/Pre-nuptial Agreement: The contract will state what each party's rights and responsibilities are in the event of a divorce to assets and liabilities. Commonly, the Statute of Frauds requires the agreement to be in writing and signed to be enforceable.

No Written Agreement Prenuptial agreements are legal contracts, and they must be in writing to be enforceable. This means that you cannot have an oral agreement.

Prenuptial agreements take a look at each person and catalogs their assets, as well as any debts they may have. These assets typically include: Personal property of value (art, jewelry, furniture, appliances, cars, etc.) Cash and bank accounts.

What are the requirements for a valid premarital agreement? Both parties must enter into the agreement voluntarily. The agreement must be in writing and signed by both parties. Both parties should provide disclosure of their assets and income.

If you can prove that your spouse did not fully disclose their assets, that failure to disclose is grounds to have the prenuptial agreement invalidated. The same is true for debt disclosure. If you discover your spouse has more debt than recorded in the agreement, it may be grounds to have the agreement invalidated.

Crafting Your Own Prenup. ing to California's Uniform Premarital Agreement Act (UPAA), you can create your own prenup as long as it's in writing and you follow all the rules of a valid prenup. Sure, you can scribble a few sentences onto a napkin and call it a prenup, but it won't do you any good.