Also known as: antenuptial agreement · prenuptial · premarital
Written by attorneys · grounded in primary & secondary sources — see below
An adjective describing an event, agreement, or obligation that arises before marriage. It commonly qualifies contracts that allocate property rights, support obligations, or other marital incidents in anticipation of a wedding.
Andrew and Alexandra signed an antenuptial agreement waiving all spousal support. After the wedding Alexandra developed a disabling illness that left her unable to work. When the marriage ended she sought support. The court refused to enforce the waiver because enforcement would cause substantial hardship from a material post-signing change in circumstances.
Arthur and Alexis entered an antenuptial agreement that kept their separate investment accounts intact. At divorce the court equitably apportioned marital assets while expressly taking the antenuptial agreement into account along with each spouse's contributions and needs.
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Austin and Antonio lived together for years without marrying. They had signed an antenuptial-style writing allocating property acquired during cohabitation. After separation the court enforced the writing because it rested on valid consideration and was not inseparably tied to sexual services.
Alexis and Arthur executed an antenuptial agreement waiving the surviving spouse's elective share. After Arthur's death Alexis sought to claim the share. The court upheld the waiver because Alexis had received full financial disclosure and independent counsel before signing.
A state statute criminalized cohabitation by unmarried interracial couples but permitted it for married couples. An antenuptial agreement between the couple was offered to show their intent to marry. The Court struck the statute as violating equal protection because it targeted the unmarried status without sufficient justification.
A university denied funding to a student group because its message conflicted with school policy. The group analogized its situation to an antenuptial agreement that cannot be enforced when it alters an essential incident of marriage in a manner detrimental to public policy. The Court held the denial unconstitutional under the First Amendment.
An antenuptial agreement becomes effective only upon the occurrence of a valid marriage. Signing alone does not trigger its operation. The parties must actually marry for the document to govern their property and support rights.
An antenuptial agreement is unenforceable for duress when one party presents it under circumstances that overbear free will, such as threats to cancel the wedding or withhold essential benefits immediately before the ceremony.
A party who lacks independent legal representation must receive either a conspicuous statutory notice of waiver or a plain-language explanation of the rights being modified. Absence of both renders the agreement unenforceable against that party.
A court must consider the antenuptial agreement when equitably apportioning property, but the agreement remains subject to defenses such as unconscionability or substantial hardship arising from later material changes in circumstances.
…the statute is said to serve the State's policy against all forms of promiscuous or illicit sexual relationships, be they premarital or extramarital, concededly a permissible and legitimate legislative goal. Without taking issue with the premise that the fear of conception operates as a deterrent to such relationships…