Essentially, there would be no purpose in drafting an antenuptial
agreement if the parties entering into the agreement could not rely on its effectiveness.
agreement invalid for lack of adequate consideration and due to duress;
While the statute did not provide general contracting rights, it did permit antenuptial
agreements to be enforceable after marriage.
All civil marriages concluded by Africans were automatically out of community of property, while all other civil marriages concluded in the country were (and still are) regarded as being in community of property, except where the parties had concluded an antenuptial
Domestice partnership agreements, also called cohabitation agreements, are similar to premarital (antenuptial
) agreements in that they provide for a division of income, expenses, and assets, as well as provisions relating to termination of the relationship.
(151) In comparison, a choice-of-law rule on the validity of marriage that relies on the parties' antenuptial
domicile would recognize an immigrant's existing marriage even if such a marriage would not be possible in that state.
In recent decades, family law has become more receptive to antenuptial
contracts and to separation agreements.
Agreement: A legal contract signed by two people prior to marriage which states limitations to spouse's rights to property, support, or inheritance if the marriage ends in divorce.
presumption of unenforceability for antenuptial
agreements that deviate
For example, the right to elect might be waived in an antenuptial
Under Roman-Dutch law, (30) for example, marriage created a community of goods, unless stipulated otherwise in an antenuptial
Younger, Perspectives on Antenuptial
Agreements: An Update, 8 J.