Basic Facts About Prenuptial Agreements

By Steven Harrison


Prenuptial agreements are heard about often in popular culture. They are discussed in movies and television court dramas, as often entered into by rich couples when they get married. Though in the media it is common to hear about them when something goes wrong and they are disputed or used to ruin someone's reputation, in real life they are cut and dry legal documents created to protect a person's best interests when entering into a marriage.

Antenuptial agreements and premarital agreements are other names for these contracts. Often they are referred to simply as "prenups" or "prenupts". You enter into a prenupt before you get married. You can also enter into a similar agreement once you are already married. Then it is called a postnuptial agreement.
Basically a prenupt explains how property will be divided up in the case of a divorce. Property that was owned by each individual may be retained by the individual, while property purchased during the marriage may be split equally or along other lines. A prenupt will also list how much spousal support will need to be paid out by either person to the other, and if the provisions of the agreement are voided if one spouse is caught committing adultery.

Depending on where you live, your prenupt may not be upheld as legal when a divorce occurs. In the United States it is often up to the laws of the state where you reside as well as the discretion of the judge overseeing your divorce on whether or not your prenupt is seen as valid. In England it is even less likely to be upheld, and may require special circumstances or a change of venue for the divorce before it is upheld. Countries such as Australia, Thailand, and much of Europe including France, Switzerland, Sweden, Finland, Germany, and Belgium, are much more likely to legally uphold the provisions of a prenupt.

There are certain conditions that must be met in order for a prenupt to stand any chance of holding up in court. These conditions may include one or more of the following: they must be done in writing (no oral agreements), they must be signed in front of a notary public, they must include full disclosure from
Depending on where you live, your prenupt may not be upheld as legal when a divorce occurs. In the United States it is often up to the laws of the state where you reside as well as the discretion of the judge overseeing your divorce on whether or not your prenupt is seen as valid. In England it is even less likely to be upheld, and may require special circumstances or a change of venue for the divorce before it is upheld. Countries such as Australia, Thailand, and much of Europe including France, Switzerland, Sweden, Finland, Germany, and Belgium, are much more likely to legally uphold the provisions of a prenupt.

There are certain conditions that must be met in order for a prenupt to stand any chance of holding up in court. These conditions may include one or more of the following: they must be done in writing (no oral agreements), they must be signed in front of a notary public, they must include full disclosure from each person, and they must be voluntarily entered in to by each person.

Though not legally binding like the laws in each country, different religions have their own views on the validity of prenupts. In Judaism and Islam they have traditionally been seen as an important part of a marriage contract. However Catholicism doesn't agree with much of their purpose, as they do not necessarily agree with divorce so do not see the need to have a contract detailing what will happen if a divorce occurs.




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