antenuptial agreement


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prenuptial agreement (antenuptial agreement)

n. a written contract between two people who are about to marry, setting out the terms of possession of assets, treatment of future earnings, control of the property of each, and potential division if the marriage is later dissolved. These agreements are fairly common if either or both parties have substantial assets, children from a prior marriage, potential inheritances, high incomes, or have been "taken" by a prior spouse.

antenuptial agreement

noun agreement before marriage, concord before marriage, contract before marriage, legal arrangement before marriage, pact before marriage, understanding before marriage

antenuptial agreement

an agreement entered into before marriage by which one or both potential spouses exclude, so far as the law allows, his or her property at the time or to follow from falling within the scope of the law of DIVORCE. Such agreements are clearly more important in jurisdictions that have a community property rule and less important in jurisdictions that have a separate property rule. They were very common in previous centuries when great landowners were anxious to preserve estates against unfortunate marriages. States that allow such agreements are likely to require them to be at least fair and reasonable when entered into. Also called prenuptial agreement.
References in periodicals archive ?
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).
For example, the Supreme Court of Ohio has stated: "Our research has disclosed that it is a common practice to present antenuptial agreements at the eleventh hour before the wedding ceremony.
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.
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.
The court reasoned that Pennsylvania law, like Florida law, will uphold an antenuptial agreement that is unfair and inequitable if the parties entered into it voluntarily with the benefit of full and fair disclosure and in the absence of fraud, duress, overreaching, or coercion.