Also known as: matrimonial agreements · antenuptial agreement · premarital agreement
Written by attorneys · grounded in primary & secondary sources — see below
A written agreement between prospective spouses or current spouses that affirms, modifies, or waives marital rights or obligations concerning property ownership, support, or other incidents of marriage during the marriage, at separation or dissolution, or upon death of a spouse.
Melanie Morris and Malcolm McKinley signed a matrimonial agreement before their wedding that eliminated all spousal support. After ten years of marriage, Malcolm suffered a debilitating illness that left him unable to work. When Melanie sought divorce, the court examined the agreement as a whole and declined to enforce the support waiver because enforcement would cause Malcolm substantial hardship due to the material change in circumstances after signing.
Ming Ma and Monica Morgan entered a matrimonial agreement that designated certain investment accounts as separate property. Upon dissolution, the court considered the agreement's terms along with the duration of the marriage and each spouse's contributions when equitably apportioning the remaining assets without regard to marital misconduct.
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Matthew Martinez and Maria Morales lived together for several years and pooled earnings under an oral agreement. After they married, Maria claimed the agreement created enforceable property rights. The court analyzed whether the contract was based on services as a spouse rather than on an inseparable sexual relationship and enforced the severable portions supported by independent consideration.
Morgan Financial executive Morgan and her spouse signed a matrimonial agreement addressing disposition of cryopreserved preembryos in the event of divorce. When the marriage ended, one spouse sought to prevent implantation. The court enforced the agreement's terms because it reflected the parties' voluntary allocation of rights at the time of creation.
A matrimonial agreement becomes effective only upon a valid marriage. Signing alone does not trigger its operation if the parties never marry, so default property rules control any assets acquired during mere cohabitation.
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The agreement must be in a record and signed by both parties. When one party lacks independent counsel, it must also contain a conspicuous waiver notice or plain-language explanation of waived rights and provide adequate financial disclosure.
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Yes. A court may decline enforcement if the term was unconscionable when signed or if enforcement would cause substantial hardship to a party because of a material change in circumstances arising after signing.
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The court must consider the agreement when equitably apportioning property and assets acquired before or during marriage, taking into account factors such as duration of marriage, contributions of each spouse, and needs of the parties.
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…of Dawley (1976) 17 Cal.3d 342 [131 Cal. Rptr. 3, 551 P.2d 323] offers a close analogy. Rejecting the contention that an antenuptial agreement is invalid if the parties contemplated a marriage of short duration, we pointed out in Dawley that a standard based upon the subjective contemplation of the parties is uncertain and…