Premarital/Prenuptial

   

 

 

 

A prenuptial agreement, antenuptial agreement, or premarital agreement, commonly abbreviated to prenup or prenupt, is a contract entered into by two people prior to marriage or civil union. The content of a prenuptial agreement can vary widely, but commonly includes provisions for the division of property should the couple divorce and any rights to spousal support during or after the dissolution of marriage.

Many countries, including Canada, France, Italy, and Germany, have marital regimes, in addition to, or some cases, in lieu of prenups. In these countries, a couple meets with a notaire (a quasi judicial official) and elects to own property under a separation de bien (separate property) or a shared property or community property. Some countries have signed on to the hague convention on marital regimes. These act much like prenups by allowing the parties to own property either separately or jointly.

England as of 2007 does not enforce prenups (although there have been some notable exceptions). They also do not have a provision for marital regimes.

Laws vary between both states and countries in both how to draft them and in whether they will enforce such agreements.

Historically, judges in the United States frowned upon prenuptial agreements as corrupting what marriage was supposed to stand for, and often they would not recognize them. Nowadays they are recognized, although they may not always be enforced. Both parties should have lawyers represent them to ensure that the agreement is enforceable. In some cases, the parties retain a private judge to be present during the signing, to be sure that neither party has been coerced into the agreement. Some attorneys recommend videotaping the signing, although this is exceptional. Some states such as California require that the parties be represented by counsel if spousal support (alimony) is limited.

Prenuptial agreements are, at best, a partial solution to obviating some of the risks of marital property disputes in times of divorce. They are not the final word. Nevertheless, they can be very powerful and limit parties property rights and alimony. It may be impossible to set aside a properly drafted and executed prenup. A prenup can dictate not only happens if the parties divorce, but when they die. They can act as a contract to make a will and/or eliminate all your rights to property, probate homestead, probate allowance, right to take as a pretermitted heir, and the right to act as an excutor and administrator of your spouses' estate.

 

 

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