Conduct invalidating assent
This act is intended to be relatively limited in scope.
Duress: Any unlawful threat or coercion used by a person to induce another to act (or refrain from acting) in a manner he or she otherwise would not (or would).
Some states require a prenuptial agreement must not only be in writing, but must also be formally witnessed (as do other documents, such as a will).
Also, if a party’s manifestation of assent to a contract is induced by an improper threat by the other party that leaves the victim no reasonable alternative, the contract is voidable by the victim. Given each person’s unique circumstances, prenuptial agreements are not standardized.Commonly, the Statute of Frauds requires the agreement to be in writing and signed to be enforceable.Statute of Frauds: Originally an English statute passed in 1677, which has been adopted (in some form) in nearly all states.Unconscionable: An agreement or a contract is said to be unconscionable if it appears grossly inequitable or unfair to one party; courts may deny enforcement of unfair or oppressive contracts.Uniform Premarital Agreements Act (“UPAA”): Uniform legislation designed to make the rules pertaining to prenuptial agreements consistent throughout the country.
After reaching the age of majority (18 in most states), a person still has a reasonable period of time to cancel a contract entered into as a minor.