Prenuptial Agreement Law
Prenuptial Agreements and Estate Planning
Pre-nuptial Agreement Law - US
- Prenuptial Agreements - Definition
A prenuptial agreement, antenuptial agreement, or premarital agreement, commonly abbreviated to prenup or prenupt, is a contract entered into prior to marriage, civil union or any other agreement prior to the main agreement by the people intending to marry or contract with each other. The content of a prenuptial agreement can vary widely, but commonly includes provisions for division of property and spousal support in the event of divorce or breakup of marriage. They may also include terms for the forfeiture of assets as a result of divorce on the grounds of adultery, further conditions of guardianship may be included as well.
- Prenuptial Agreements - Overview
A prenuptial agreement is a contract between two persons who are planning to marry. Prenuptial agreements are often called premarital agreements, and, if entered into subsequent to the marriage, postmarital or antenuptial agreements. These types of contracts typically set forth the rights that each party has to the other's property. Couples can enter into prenuptial agreements prior to a first marriage or prior to a subsequent marriage after death or DIVORCE of a prior spouse. Premarital agreements become operative in the event of divorce or the death of one spouse.
- Uniform Marital Property Act
After three years of consideration, the Uniform Law Commissioners promulgated the Uniform Marital Property Act (UMPA) in 1983. For the first time, the family can be made into a functioning economic unit. And, for the first time, there is an opportunity to give more than lip service to the family as an economic entity.
- Uniform Premarital Agreement Act
The Uniform Premarital Agreement Act (UPAA) is a Uniform Act governing prenuptial agreements. It was drafted by the National Conference of Commissioners on Uniform State Laws in 1983. The UPAA has been adopted by 27 states (Arizona, Arkansas, California, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Montana, Nebraska, Nevada, New Mexico, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Texas, Utah, Virginia, and Wisconsin)
Organizations Related to Pre-nuptial Agreement Law
If you are about to get married and are considering a prenuptial agreement, you will find a wealth of material here, all written by an attorney.
Publications Related to Pre-nuptial Agreement Law
- Bankrate.com - Prenuptial Agreements
A prenuptial accord is a contract between two people about to wed that spells out how assets will be distributed in the event of divorce or death. Such agreements have existed for thousands of years in some form or another, particularly in European and Far Eastern cultures, where royal families have always made provisions for protecting their wealth.
- Prenuptial Agreement FAQ - United States
A prenuptial agreement is a contract entered into by two people who are about to marry. A prenuptial agreement (often called a ‘prenup’ or ‘prenupt’) is used to specify how property and debts will be divided in the event of a breakup.
- Prenuptial Agreements in the United States - IAML Law Journal
Prenuptial agreements, sometimes also referred to as "antenuptial agreements" or "premarital agreements," are agreements between parties contemplating marriage that alter or confirm the legal rights and obligations that would otherwise arise under the laws governing marriages that end either through divorce or death. These agreements are fraught with controversy as to their appropriateness and their enforceability. Prenuptial agreements and the accompanying controversy are not unique to the United States. The purpose of this article is to give the non-American lawyer an overview of this rather complex area of American family law and estate planning, and also to highlight some of the common procedural and substantive requirements and issues currently in play in the United States today.
Articles on HG.org Related to Pre-nuptial Agreement Law
- BGH: Exclusion of Equalisation of Accrued Gains and Severability Clause in a Prenuptial Agreement - GermanyThe prenuptial exclusion of the equalization of accrued gains does not necessarily have to impact the validity of a prenuptial agreement.
- A Prenuptial Agreement Can Potentially Prevent Disputes in the Event of a Divorce - GermanyA divorce is not only associated with private arguments, indeed it can also lead to legal disputes. A prenuptial agreement can potentially offer security.
- 10 Questions to Ask your Divorce Lawyer in Georgia - Part 1It important to have a list of questions to ask when you're deciding which divorce lawyer is right for you. Ask about their previous experience, rate per hour, and so forth. This will help you as you move forward.
- Q&A to Signing a Prenuptial Agreement in GeorgiaSigning a prenuptial agreement in Georgia is a major decision. Always make an informed decision whether or not you decide to sign an agreement.
- Prenups Aren't Only for the WealthyThe number one misconception about prenuptial agreements is that they are only for the wealthy. In truth, anyone who has anything before tying the knot, or even plans to acquire anything, should consider a prenup. A prenup is a contract signed prior to marriage that determines how the couple's assets will be divided in the event of a divorce.
- Vacation Homes Can Spell Trouble in High-Asset DivorcesVacation homes often spell trouble in divorces because they are generally high-value properties. Failure to come to an out-of-court agreement on the vacation home can result in the court stepping in and making the decision for you.
- Divorce Modification in TexasAnyone that needs more information about modifying a divorce decree to change custody details, visitation rights, child support conditions, or living situations should read this guide to Texas divorce modifications. Divorce modifications are different in every state, and in Texas the laws are as complex as any other state's laws. The following article describes in detail Texas laws pertaining to divorce modifications.
- Pre-nuptial Agreements - UkraineIt seems wrong to contemplate the ugliness of divorce, and often devastating consequences, during the honeymoon season. For that reason, many otherwise intelligent and rational couples ignore the risk of their split-up sometime in the future. Indeed, there are always significant, long-lasting consequences resulting from termination of marriage, including separation of joint property, custody and visitation rights, payments of alimony and child support, just to name a few.
- Pre-Nuptial Agreement in the PhilippinesFuture spouses have the freedom to enter into an agreement with each other as to how their properties will be governed, and just like any other contracts, the stipulations thereto should not be void or contrary to law, morals or public policy. Pre-Nuptial contract is an agreement between future husband and wife insofar as the property relations that will govern their properties during the existence of their marriage.
- Ways to Find a Prenuptial Agreement InvalidIt has become rather common for a couple to have a prenuptial agreement before a marriage. Many people are getting married at a much older age and with a 50% success rate of marriages it is important to have a backup plan should the marriage not play out as expected.