Also known as: antenuptial agreement · antenuptial · prenuptial agreement · prenuptial agreements · prenup · pre-nuptial agreement
Written by attorneys · grounded in primary & secondary sources — see below
Agreements made by prospective spouses before marriage that address the division of property, spousal support, and related financial matters upon divorce or death. Courts enforce such agreements when they are entered voluntarily with full financial disclosure and independent counsel for each party.
Alfred Ashford and Abigail Alvarez signed an antenuptial agreement before their wedding that classified certain patents as Alfred's separate property. After divorce proceedings began in a court lacking jurisdiction over Abigail, the court considered the agreement when equitably apportioning assets acquired during the marriage. The agreement guided the allocation of endorsement income and business interests without regard to marital misconduct.
Anika Anand and Andrew Avery were about to marry and signed an antenuptial agreement allocating property rights upon separation. After their marriage ended, Anika sought enforcement of the agreement to claim a share of assets acquired during the marriage. The court treated the agreement like other contracts and awarded relief based on the parties' express terms.
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Alice Atkins and Amelia Amari executed an antenuptial agreement in which Alice waived rights to assets held in a revocable trust created by Amelia. After Amelia's death, Alice sought an elective share of the trust property. The court enforced the waiver because the agreement met statutory requirements for a signed writing.
Anchor Bank executives Anika Anand and Andrew Avery signed an antenuptial agreement addressing disposition of frozen preembryos in the event of divorce. After separation, Andrew objected to implantation despite the agreement's terms. The court declined to enforce the agreement over the contemporaneous objection of one party.
The agreement must be voluntary, include full financial disclosure, and provide each party a meaningful opportunity to obtain independent counsel. Absence of conspicuous waiver language or adequate asset lists can render the agreement unenforceable.
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No. A signed written agreement waiving surviving spouse rights is enforceable without separate consideration under modern probate statutes.
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Courts enforce such classifications when the agreement satisfies formation requirements such as independent counsel and full disclosure, even if the income arises from efforts during marriage.
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…the subjective contemplation of the parties is uncertain and unworkable; such a test, we stated, "might invalidate virtually all antenuptial agreements on the ground that the parties contemplated dissolution ... but it provides no principled basis for determining which antenuptial agreements offend public policy and which do not." (17…