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.

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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.
Collins Dictionary of Law © W.J. Stewart, 2006
References in periodicals archive ?
(46.) 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." See Fletcher v.
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.
For example, in Michigan, even an antenuptial agreement signed after the ceremony on the same date as the wedding was considered enforceable [Storey v.
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.
(1.) These agreements are also known as "prenuptial agreements" and "antenuptial agreements."
The Court of Appeals found that Kremer does not constitute the only, and last, word concerning whether a document signed by the parties is a valid and enforceable antenuptial agreement. The purported agreement must be read in concert with the relevant statute.
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).
In the appeal from a judgment dissolving the parties' marriage, appellant-husband challenged, inter alia, the District Court's conclusion that a document that he and respondent-wife signed before they married was not a valid and enforceable antenuptial agreement. The Court of Appeals held that a writing signed on or after August 1, 1979, by two parties before their marriage, but not witnessed as required by Minn.
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.
5th DCA 1993), the Fifth District construed a Pennsylvania antenuptial agreement.The laws of Pennsylvania were quite similar to those of Florida dealing with the circumstances for enforceability of such an agreement, including issues of fraud, duress, and having the benefit of financial disclosure.
Three days before Michelle and Robbie Kremer were to leave for the Cayman Islands for their destination wedding, Robbie presented Michelle with an antenuptial agreement an attorney had drawn up without Michelle's knowledge.