antenuptial agreement


Also found in: Dictionary, Financial.

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 ?
52) By the end of the eighteenth century, courts accepted antenuptial agreements that gave women property rights outright, rather than in trust.
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.
Where in the civilian context the notion of revocability was, in a sense, to prevent fraud on the surviving spouse and provide him or her with the ability to be better provided for under the antenuptial agreement, in the English context the notion of revocability--or rather the absence thereof after the death of the first to die--was to prevent fraud in another sense.
In 1976, the Uniform Antenuptial Agreement Act (UPAA) first provided uniform guidelines to govern the issues involved in a valid antenuptial agreement contract.
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.
In this respect, the commissioners diverged not only from the common law of antenuptial agreements but also from general contract principles.
2d DCA 1996) (applying secular contract principles to the parties' sadaq and holding that the religious antenuptial agreement was valid and enforceable where there was sufficient consideration and a proverbial meeting of the minds).
1983), which involved an antenuptial agreement, the Florida Third District Court of Appeal acknowledged that a general waiver of "all rights"
Osborne marked the first time that a Massachusetts court agreed to enforce the terms of an antenuptial agreement designed to dictate the distribution of property at the time of divorce.
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.
052(5) provides that the court may enforce an antenuptial agreement to arbitrate a dispute in accordance with the law and tradition chosen by the parties.
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.