Also known as: pre-nuptial agreements · prenuptial agreement · prenuptial agreements · prenup · prenups · antenuptial agreement · premarital agreement
Written by attorneys · grounded in primary & secondary sources — see below
An agreement between individuals who intend to marry that affirms, modifies, or waives a marital right or obligation during the marriage or at separation, marital dissolution, death of one of the spouses, or the occurrence or nonoccurrence of any other event. The agreement becomes effective only upon a valid marriage and is enforceable without consideration provided it satisfies statutory formation requirements such as a signed record.
Select any source to read its text and confirm it supports the definition.
Portia Price and Preston Pratt signed a premarital agreement waiving all spousal support. After the marriage, Preston suffered a permanent disability that left him unable to work and eligible for public assistance. In the divorce proceeding, the court refuses to enforce the waiver because enforcement would cause substantial hardship due to the material change in circumstances after signing.
Phuong Pham and Piper Patel entered a premarital agreement allocating all property acquired during marriage according to title. Upon dissolution, the court considers the agreement along with the duration of the marriage, each spouse's contributions, and needs when equitably apportioning the estates without regard to marital misconduct.
Pilar Pena and Paige Porter, intending to marry, signed a premarital agreement pooling earnings and sharing property acquired before the wedding. After separation, the court enforces the agreement because it rests on valid consideration and satisfies statutory formation requirements independent of any sexual relationship.
Pulse Media executives Preston Pratt and Piper Patel signed a premarital agreement addressing disposition of frozen preembryos in the event of divorce. When the marriage ended, one party withdrew consent to implantation. The court declines to enforce the agreement over the contemporaneous objection because it would compel parenthood against current wishes.
Yes. The agreement must be in a record and signed by both prospective spouses. An oral understanding or signature by only one party fails the formation requirement even if the parties reached detailed terms.
The agreement becomes effective only upon a valid marriage. Signing alone does not govern property acquired during cohabitation if the parties never marry.
…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…
…v. Stansel , 385 Mass. 510 (1982) (enforcing separation agreement); Rosenberg v. Lipnick , 377 Mass. 666, 673 (1979) (enforcing
…protect, and not to undermine, those institutions and interests which are vital to our society. The subject of the validity of pre-nuptial agreements
…not enforce agreements with respect to personal services rendered during marriage]; Note, Planning for Love: The Politics of
…Rova Farms Resort, Inc. v. Investors Ins. Co. , 65 N.J. 474, 484, 323 A.2d 495 (1974). The other issues are more difficult. Pre-nuptial agreements
The agreement is unenforceable if consent was involuntary or the result of duress, the party lacked access to independent legal representation, the agreement lacked required notice or plain-language explanation of waived rights, or the party did not receive adequate financial disclosure.
A court may refuse enforcement of a support waiver if it was unconscionable at signing or if enforcement would cause substantial hardship due to a material post-signing change in circumstances, such as disability rendering a party eligible for public assistance.
The court must consider the antenuptial agreement when apportioning property and assets, along with factors such as marriage duration, contributions of each spouse, age, health, income, and needs, without regard to marital misconduct.