prenuptial agreement

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Prenuptial Agreement

A legal and binding agreement that a couple enters prior to their marriage. Prenuptial agreements are commonly associated with the division of assets in the event of a divorce later in life, but they may also include other details such as how assets are distributed in the event of the death of a spouse. Prenuptial agreements are somewhat controversial as some see them as providing an expectation of divorce; they are designed, however, to reduce financial uncertainty in a marriage.

prenuptial agreement

A written agreement by a couple who plan to marry in which financial matters, including rights following divorce or the death of one spouse, are detailed.
References in periodicals archive ?
(37) In civilian jurisprudence, there were varying authorities with respect to the revocability of an antenuptial agreement made to vary the community of property regime that would otherwise apply.
For example, if one spouse is expected to be the sole wage-earner and the other the children's primary caretaker, the court may view an antenuptial agreement purporting to bar spousal support as inequitable unless sufficient assets are allocated to the homemaker spouse to ensure future financial security.
A traditional antenuptial agreement segregates the assets owned by the spouse seeking the agreement and declares that they would belong to the owning spouse after a divorce.
In this respect, the commissioners diverged not only from the common law of antenuptial agreements but also from general contract principles." (footnote omitted)).
Antenuptial agreements are all the rage this year in Minnesota's appellate courts.
2d at 249 (holding a sadaq, an Islamic antenuptial agreement for a postponed dowry protecting the woman in the event of divorce, was valid and enforceable).
1981), which is another case involving an antenuptial agreement, the court held that a general waiver of "all rights" contained in a prenuptial agreement signed in 1956 waived homestead and elective share rights that were not yet statutorily in existence until 1976.
To begin, the court pointed out that because an antenuptial agreement is essentially a contract between a husband and wife, the agreement must comport with the traditional rules governing contract formation.
61.052(5) provides that the court may enforce an antenuptial agreement to arbitrate a dispute in accordance with the law and tradition chosen by the parties.
Civil<br />Domestic Relations<br />Dissolution; Antenuptial Agreements<br />Appellant appealed from a District Court order invalidating an antenuptial agreement he entered into with his then-fiance, respondent.
3d DCA 2001), the wife filed a verified petition for the dissolution of marriage, wherein she averred that the terms of an antenuptial agreement should be fully enforced.