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 ?
While the statute did not provide general contracting rights, it did permit antenuptial agreements to be enforceable after marriage.
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, in Michigan, even an antenuptial agreement signed after the ceremony on the same date as the wedding was considered enforceable [Storey v.
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.
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).
The Third DCA stated that while it is generally true that a waiver is the intentional relinquishment of known rights, the fact that a waiver of rights in an antenuptial agreement does not contain a statutory disclosure requirement persuaded the court to conclude that such a waiver also includes the waiver of unknown rights.
45) The Osborne court also emphasized that its adoption of Rosenberg and the related guidelines would not negate the possibility of an antenuptial agreement being found unenforceable if it unreasonably encouraged divorce, thereby clearly violating public policy.
A last alternative is for the testator to make a will without regard to such future spouse, knowing that in the event the testator does marry, the testator will be a pretermitted spouse unless the testator make a new will, obtains a waiver, or enters into an antenuptial agreement.
Hershey's practice encompasses a variety of estate planning and estate administration matters, including wills, trusts, deeds, powers of attorney, advance directives, medical consent forms for minors, buy-sell agreements, antenuptial agreements and asset disposition through lifetime giving, charitable bequests and other vehicles.
2d 586, 587 (Iowa 1973) (declaring antenuptial agreements prohibiting alimony void and contrary to public policy); Duncan v.