What must parties demonstrate for a premarital agreement to be upheld?

Study for the Georgia Bar Exam. Prepare with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

For a premarital agreement to be upheld, it is essential that the parties demonstrate the absence of fraud or duress. This principle is crucial in contract law, as any agreement made under coercion or deceptive circumstances can lead to its invalidation. In the context of premarital agreements, both parties must enter into the contract willingly and with a clear understanding of what they are agreeing to.

If any party can show that they were forced into signing the agreement or that misleading information was presented to them, this could undermine the legitimacy of the agreement. Thus, ensuring that the contract is entered into freely and honestly is a foundational aspect for its enforceability.

While mutual understanding of terms is a significant factor, it does not specifically address the integrity of the agreement itself in the same way that the absence of fraud or duress does. Similarly, while aspects of personal lifestyle choices may influence the terms of the agreement, they are not legal requirements for the enforcement of the contract. Therefore, the absence of fraud or duress stands out as the primary legal standard that must be met for a premarital agreement to be upheld.

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