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.
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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.
Wall Street Words: An A to Z Guide to Investment Terms for Today's Investor by David L. Scott. Copyright © 2003 by Houghton Mifflin Company. Published by Houghton Mifflin Company. All rights reserved. All rights reserved.
References in periodicals archive ?
One example that has already been discussed in this Note is the prenuptial contract. (168) Despite the civil court system's early suspicion towards, and invalidation of, prenuptial contracts, once appropriate protections were put in place that guaranteed informed choice in the process, courts began to view these as valid and enforceable contracts.
2001) (husband argued, and court agreed, that $30 mahr agreement was a prenuptial contract between husband and wife married for over seventeen years; court, however, held the prenuptial was not enforceable on grounds of vagueness).
(9) This confusion is due in large part to a misunderstanding of the context and function of the mahr, leading courts to either invalidate these provisions blanketly or otherwise improperly treat mahr agreements as prenuptial contracts. (10) Another common issue presents itself when parties seek enforcement of a mahr agreement that was part of a divorce obtained outside of the United States, specifically when the divorce was achieved through the unilateral method of talaq.
(79) This confusion is due in large part to a misunderstanding of the context and function of the mahr, leading courts to improperly treat mahr agreements as prenuptial contracts, barring equal distribution of property in divorces initiated in the United States.
Enforcement of Mahr Agreements as Prenuptial Contracts
The majority of American courts that have addressed the issue have interpreted mahr agreements as prenuptial contracts, valid so long as they conform to requirements of contract law and the state's statutory standards for prenuptials.
More substantively, in the United States, prenuptial contracts are defined as agreements entered into by two "individuals who intend to marry which affirms, modifies, or waives a marital right or obligation," (88) Historically, prenuptial contracts were considered unenforceable by American courts.
She recommends that the federal government intervenes to coerce couples to write prenuptial contracts and to make divorce laws more consistent across state lines.
"Buyer beware" might not be the most romantic advice, but it makes good business sense in the harsh sellers' market of the computer world, where vendors' sales pitches often end up as no more than vapor vows, and where consumers have no prenuptial contracts to protect them.
Prenuptial contracts are popular enough to have spawned the Uniform Premarital Agreement Act by the American Bar Association.
The court recently held that appeal judges were right to cut Nicolas Granatino's settlement from more than pounds 5.6 million to pounds 1 million in his divorce from German heiress Katrin Radmacher, representing a major step towards prenuptial contracts becoming legally enforceable.
"However, prenuptial contracts are becoming more common.