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Sumo at SeaPrenuptial Escape Clauses in Marriage Contracts. In the years since then, other states have followed suit.
Courts outside Alabama
The decision was also influential among other states considering whether to allow prenuptial agreements. Since the decision was handed down, several other states have joined Alabama in allowing prenuptial agreements.
In 1976, after Alabama, Missouri, and Tennessee had not previously allowed them, Arkansas, Kansas, Louisiana, and Oklahoma introduced prenuptial agreements. Georgia permitted them in 1995. Florida permits prenuptial agreements, but not for alimony, custody, support, or division of property. Michigan permits prenuptial agreements for property, but not support or alimony. Iowa permits prenuptial agreements for alimony, but not for property. New York permits them to be "in relation to support and property." New Jersey permits prenuptial agreements that would restrict support only during the marriage, and Tennessee permits them in general.
However, Louisiana only allows prenuptial agreements for property, and South Dakota only allows prenuptial agreements for alimony. New Mexico does not allow them.
Since the decision in this case, several states have adopted provisions for prenuptial agreements as part of revisions to their domestic relations statutes.
Since Alabama, Kansas, Louisiana, Oklahoma, and Georgia have enacted a premarital agreement statute, those states apply state law.
Oklahoma enacted a prenuptial agreement statute in 1977, which, like Alabama's, required a written agreement, disclosure of assets and liabilities, and negotiation in good faith.
In 1989, it added the requirement that a prenuptial agreement must be signed by the parties or witnessed by a third party.
At the end of 2007, Kentucky enacted a prenuptial agreement statute that requires disclosure of assets and liabilities.
Georgia's statute includes a similar requirement.
Indiana passed its prenuptial agreement statute in 1977, but it has not amended it since then.
Massachusetts passed its prenuptial agreement statute in 1973, which does not include a requirement that the agreement be signed by the parties.
Mississippi enacted a prenuptial agreement statute in 1974, and it has not amended it since then.
In the years since the Court decided Sims, New Mexico, Oregon, and Illinois have adopted a prenuptial agreement statute.
The most recent case from Illinois that allowed a prenuptial agreement was a 2004 ruling in
Gaines v. Amalgamated Trust and Savings Bank.
Michigan has a prenuptial agreement statute, but the statute was adopted in 1996, after
Kent v. United States' holding that no premarital agreement statute is constitutional.
New York passed a prenuptial agreement statute in 1988, but it has not amended it since then.
See also
Domestic relations
Marriage
Postnuptial agreement
Sims v. Sims
References
Notes
Bibliography
External links
Category:1983 in United States case law
Category:Alabama state case law
Category:United States family case law
Category:United States family law
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Category:Jasper County, Alabama
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Category:Property law in the United States
Category:1983 in Alabama
Category:1983 in family relations
Category:1983 in United States case law
Category:1983 in gender
Category:Legal history of Alabama
Category:Marriage, unions and partnerships in the United States
Category:United States District Court for the Northern District of Alabama cases