Antenuptial Agreement Law & Legal Definition


What is an Antenuptial Agreement? An antenuptial agreement is a written contract created by two people planning to be married. The agreement typically lists all of the property each person owns, as well as their debts, and it specifies what each person's property rights will be after they tie the knot. Antenuptial agreements often specify how property will be divided -- and whether spousal support (alimony) will be paid -- in the event of a divorce.

Must an antenuptial agreement be in writing? Yes, A premarital agreement shall be in writing and signed by both parties. Such agreement shall be enforceable without consideration and shall become effective upon marriage.

May I amend the agreement after marriage? After marriage, an antenuptial agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.

What are the advantages of having an antenuptial agreement? Advantages of antenuptial agreements for both parties are: (a) Avoiding Litigation Costs, (b) Protecting Family Assets, (c) Protecting Business Assets, (d) Protection Against Creditors, (e) Child Custody and Support Guidelines and (f) Predetermined Disposition of Property.