antenuptial agreement

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