If the spouses concluded a valid antenuptial
contract prior to their marriage whereby community of property is excluded, the marriage is referred to as one out of community of property.
Younger, Perspectives on Antenuptial
Agreements: An Update, 8 J.
Almost every person entering into an antenuptial
agreement hopes to avoid a financial dispute incident to a divorce and, in many instances, to avoid having to share assets, property, or money with the person he or she is divorcing.
As Eisenstadt suggests, and as the widespread acceptance of antenuptial
agreements, "no-fault" divorce and cohabitation contracts indicate concretely, the law, reversing its express stance almost completely, has, within several decades, firmly attached itself to an understanding of adult family members as autonomous individuals, not remarkably different from business partners.
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.
5th DCA 1993), the Fifth District construed a Pennsylvania antenuptial
Prenuptial agreements (also known as premarital agreements or antenuptial
agreements) are agreements entered into by the parties contemplating marriage prior to marriage that set forth the rights and obligations of each party in the event of death or divorce, and during the marriage.
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.