Prenuptial agreement

A prenuptial agreement, antenuptial agreement, or premarital agreement (commonly referred to as a prenup), is a written contract entered into by a couple before marriage or a civil union that enables them to select and control many of the legal rights they acquire upon marrying, and what happens when their marriage ends by death or divorce. Couples enter into a written prenuptial agreement to supersede many of the default marital laws that would otherwise apply in the event of divorce, such as the laws that govern the division of property, retirement benefits, savings, and the right to seek alimony (spousal support) with agreed-upon terms that provide certainty and clarify their marital rights.^[1]^[2] A premarital agreement may also contain waivers of a surviving spouse's right to claim an elective share of the estate of the deceased spouse.^[3]

In some countries, including the United States, Belgium, and the Netherlands, the prenuptial agreement not only provides for what happens in the event of a divorce but also protects some property during the marriage, for instance in case of bankruptcy. Many countries, including Canada, France, Italy, and Germany, have matrimonial regimes, in addition to, or in some cases, instead of prenuptial agreements.

Postnuptial agreements are similar to prenuptial agreements, except that they are entered into after a couple is married.^[4] When divorce is imminent, postnuptial agreements are referred to as separation agreements.^[5]

^ Knight, Lee G.; Knight, Ray A. (September 2013). "The Benefits and Limitations of Prenuptial Agreements: A Planning Opportunity for CPAs". The CPA Journal. 83 (9): 62–66.
^ Walzer, Peter M.; Riemer, Jennifer M. (Spring 2016). "Premarital Agreements for Seniors". Family Law Quarterly. 50 (1). American Bar Association: 95–116.
^ Marcuccio, Elizabeth A. (2014). "The Evolution of the Surviving Spouse under the Estates Powers and Trusts Law". North East Journal of Legal Studies. 31: 50.
^ Robert DiGiacomo (2 April 2008). "Quit fighting -- get a postnuptial agreement". CNN LifeWire. Cable News Network. Retrieved 18 June 2012.
^ Alexander Lindey and Louis I. Parley, Lindey and Parely on Separation Agreements and Antenuptial Contracts 1.21[1] (1998). See, e.g., Combs v. Sherry-Combs, 865 P.2d 50, 54 (Wyo. 1993). ("A postnuptial must be distinguished from a separation agreement. A separation agreement, entered into by parties in anticipation of immediate separation or immediate separation or after separation, is favored in the law.")

[1] Knight, Lee G.; Knight, Ray A. (September 2013). "The Benefits and Limitations of Prenuptial Agreements: A Planning Opportunity for CPAs". The CPA Journal. 83 (9): 62–66.

[2] Walzer, Peter M.; Riemer, Jennifer M. (Spring 2016). "Premarital Agreements for Seniors". Family Law Quarterly. 50 (1). American Bar Association: 95–116.

[3] Marcuccio, Elizabeth A. (2014). "The Evolution of the Surviving Spouse under the Estates Powers and Trusts Law". North East Journal of Legal Studies. 31: 50.

[4] Robert DiGiacomo (2 April 2008). "Quit fighting -- get a postnuptial agreement". CNN LifeWire. Cable News Network. Retrieved 18 June 2012.

[5] Alexander Lindey and Louis I. Parley, Lindey and Parely on Separation Agreements and Antenuptial Contracts 1.21[1] (1998). See, e.g., Combs v. Sherry-Combs, 865 P.2d 50, 54 (Wyo. 1993). ("A postnuptial must be distinguished from a separation agreement. A separation agreement, entered into by parties in anticipation of immediate separation or immediate separation or after separation, is favored in the law.")

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