A PRIMER ON ANTENUPTIAL AGREEMENTS

An Antenuptial or prenuptial agreement is a written contract between two people entered into before their marriage.  Typically, Antenuptial agreements have a listing of all of the assets (tangible and intangible), and debts of each soon to be spouse. In the event of a legal separation or a divorce, the Antenuptial agreement can provide for the division of property as well as determine the issue of spousal maintenance. The agreement may also set forth the distribution of assets and property in the event of the death of one spouse.  Antenuptial agreements can be useful tools for individuals planning to marry where one or both of the parties have significant assets. They are also popular in second marriages because parties who have been married before generally have assets and property that they would like to have passed on to their children and grandchildren rather than their subsequent spouse. To insure that an Antenuptial agreement is valid and fair to both parties, there must be a full and fair disclosure of the earnings and property of each party and the parties must have an opportunity to consult with legal counsel of their own choice.