Also known as:nuptials · nuptiae · nuptial agreement · antenuptial · marriage · wedding
Written by attorneys · grounded in primary & secondary sources — see below
An adjective describing matters, events, or relationships connected with marriage. The term identifies aspects of personal or family history that arise from the formation or dissolution of a marital bond.
Sources & Authorities· 38 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Statement of Nuptial Ancestry
Nyah Ndlovu tells a hospital social worker that her parents' nuptial occurred in 1972 and produced three children. After Nyah's death the statement is offered to prove her sibling relationship in a probate dispute. The court admits the declaration because it concerns a fact of personal or family history even though Nyah lacked personal knowledge of the ceremony.
Revival After Nuptial Reconciliation
Norman Nash's will left his ranch to his then-wife Nalini Narula. Their divorce revoked the gift by operation of law. After they remarried, Norman executed a codicil stating that the ranch should still go to his wife. The codicil revives the nuptial provision because the remarriage and subsequent writing demonstrate intent to restore the earlier disposition.
Nathan Nguyen writes a letter to his spouse Nina Nielsen describing a business deal. The government later subpoenas the letter in a criminal investigation. The court quashes the subpoena because the nuptial communication is presumed confidential and the government has not overcome the presumption.
Nuptial Income as Marital Property
Nicholas Nunez earns consulting fees during his marriage to New Horizon Media's founder. The fees are deposited into a joint account. Under the governing statute the nuptial-period income is classified as marital property subject to equal division upon dissolution.
Effectiveness of Nuptial Agreement
Nalini Narula and Nathan Nguyen sign a premarital agreement the day before their wedding. The document becomes effective upon the nuptial ceremony. When Nathan later seeks to enforce a waiver of elective share, the court holds the agreement operative because it took effect on marriage.
Waiver of Nuptial Rights
After her spouse's death, Nyah Ndlovu signs a written agreement waiving her right of election and homestead allowance. The agreement is enforceable without consideration because it was executed by the surviving spouse before or after the nuptial. The probate court therefore denies her petition for those statutory benefits.
Common questions
Frequently Asked
3
Does the term nuptial apply only to the wedding ceremony itself?+
No. The term extends to any matter connected with marriage, including its formation, incidents during the marriage, and its dissolution.
How does a nuptial communication differ from ordinary spousal testimony?+
A nuptial communication is protected by the marital communications privilege even after the marriage ends, whereas the spousal testimonial privilege applies only during a valid marriage and prevents one spouse from being compelled to testify against the other.
When is a premarital agreement considered a nuptial agreement?+
A premarital agreement becomes effective upon the marriage and is therefore treated as a nuptial agreement once the ceremony occurs.
410 U.S. 113 (1973)Constitutional Law
…in this guarantee of personal privacy. They also make it clear that the right has some extension to activities relating to marriage, Loving v. Virginia , 388 U.S. 1, 12 (1967); procreation, Skinner v. Oklahoma , 316 U.S. 535, 541-542 (1942); contraception, Eisenstadt v. Baird , 405 U.S., at 453-454; id. , at 460,…