Also known as: prenuptial agreement · prenup · prenups · antenuptial agreement · premarital agreement
Written by attorneys · grounded in primary & secondary sources — see below
An agreement between prospective spouses made in contemplation of marriage that affirms, modifies, or waives marital rights or obligations during the marriage or at separation, marital dissolution, death of one spouse, or another event. The agreement becomes effective only upon a valid marriage and is enforceable without consideration provided it meets formal requirements of a signed record.
Pablo Perez and Pilar Pena signed a premarital agreement allocating all future earnings to Pablo. After the wedding Pablo's business failed and Pilar developed a disability requiring expensive care. When they divorced Pilar sought support despite the agreement. The court refused enforcement of the support waiver because enforcement would cause substantial hardship from a material change in circumstances after signing.
Pearl Porter and Paul Peterson signed a premarital agreement keeping all separately titled assets separate. During divorce proceedings the court considered the agreement while equitably apportioning property acquired during the marriage. The agreement influenced but did not control the final division because the court weighed duration of marriage, contributions, and needs of each party.
Select any source to read its text and confirm it supports the definition.
Phoebe Park and Philip Powell lived together for years without marrying. They orally agreed to share earnings and property acquired during cohabitation. After separation Phoebe sued to enforce the sharing arrangement. The court treated the agreement as an ordinary contract enforceable to the extent it rested on consideration other than the intimate relationship itself.
Prospective spouses signed a premarital agreement directing that frozen preembryos created during marriage would be donated to research upon divorce. After divorce one spouse objected to donation and sought implantation instead. The court refused to enforce the directive because it conflicted with the objecting spouse's contemporaneous right to control the preembryos.
Yes. The agreement must be in a record and signed by both prospective spouses. Oral assent or a signature by only one party fails the formal requirement even if the parties reached detailed terms.
The agreement becomes effective only upon a valid marriage. Signing alone does not trigger its operation if the parties never marry.
A court will not enforce the agreement if consent was the product of duress, such as presenting the document days before the wedding coupled with threats to cancel the ceremony or withhold benefits.
Yes. The agreement is unenforceable if one party did not receive a reasonably accurate description of the other party's property, liabilities, and income before signing.
No. When one party lacks independent legal representation the agreement must contain the required conspicuous waiver notice or plain-language explanation of rights waived, or it is unenforceable.
…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…