Also known as: antenuptial agreement · ante nuptial agreement · antenuptial settlement · prenuptial agreement · pre-nuptial agreement
Written by attorneys · grounded in primary & secondary sources — see below
A contract between prospective spouses that determines the classification and division of their property and any support obligations upon divorce or death. The agreement alters default marital property rules when executed with full disclosure and without duress. Courts consider such agreements when apportioning assets in dissolution proceedings.
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Adrian and Alexandra signed a written ante-nuptial agreement two weeks before their wedding that classified all future business equity as separate property. After divorce proceedings began in a court lacking jurisdiction over some assets from a prior decree, the court reviewed the agreement while apportioning the couple's holdings. The agreement controlled the classification of the equity despite later joint use of proceeds.
Austin and Anita lived together without marrying and pooled earnings under an oral understanding. When their relationship ended, Austin sought enforcement of the pooling arrangement as an implied contract. The court refused because the agreement rested inseparably on the provision of sexual services rather than an independent ante-nuptial promise.
Aisha and Austin executed an ante-nuptial agreement addressing the disposition of frozen preembryos created during their marriage. After divorce, Aisha sought to use the preembryos over Austin's objection. The court declined to enforce the agreement against the contemporaneous wishes of one donor because it would compel parenthood.
No. A written ante-nuptial agreement signed by the surviving spouse waiving elective share and allowance rights is enforceable without consideration. The statute treats these agreements as a deliberate departure from ordinary contract rules because they modify preexisting statutory rights rather than create new exchange-based obligations.
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Yes. A marital property agreement may vary the effect of default classification rules. The agreement controls the status of equity grants, stock options, and royalties even if the parties later deposit proceeds into a joint account, provided no formal written modification occurs.
…of Dawley (1976) 17 Cal.3d 342 [131 Cal. Rptr. 3, 551 P.2d 323] offers a close analogy. Rejecting the contention that an antenuptial agreement is invalid if the parties contemplated a marriage of short duration, we pointed out in Dawley that a standard based upon the subjective contemplation of the parties is uncertain and…
…Francisco was aware of and acquiesced in this conduct. In addition, Francisco gave Connell an engagement ring and had a prenuptial agreement
…v. Stansel , 385 Mass. 510 (1982) (enforcing separation agreement); Rosenberg v. Lipnick , 377 Mass. 666, 673 (1979) (enforcing
…and law, the judgment in favor of the defendant, entered upon the decision of the Special Term. The trial judge found that the ante-nuptial agreement
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An ante-nuptial agreement is unenforceable if it tends unreasonably to encourage divorce or alters an essential incident of marriage in a way detrimental to the public interest. A promise to pay a large sum upon divorce may be invalid, while an agreement fixing alimony after the marriage has already disintegrated is more likely to be upheld.
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The court must consider the ante-nuptial agreement among other statutory factors when equitably apportioning property. Homemaker contributions, duration of the marriage, and the opportunity for future asset acquisition are weighed alongside the agreement's terms to reach a just division.
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