Antenuptial Agreement

Antenuptial Agreement Legal Definition

Antenuptial Agreement in Connecticut

Or prenuptial agreement or premarital agreement-means an agreement between prospective spouses made in contemplation of marriage (see Marriage and Disolution of Marriage in Connecticut here) . General Statutes of Connecticut (U.S.) § 46b-36b (2013).

Note: Definition based in the Connecticut Judicial Branch Family Glossary

What does Antenuptial agreement mean in American Law?

The definition of Antenuptial agreement in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:

An agreement between two persons about to be married relating to and in contemplation of their new status. The traditional antenuptial agreement deals primarily with the division of wealth between the spouses upon the death of one, or their separation or divorce. It frequently involves either present transfers of assets, or arrangements whereby wealth is presently secured to one or the other, or to their children, and is often therefore called a “marriage settlement.” It is common, e.g., for a younger second wife of a rich man with children by his first marriage to agree to waive her rights, including dower and any other statutory right to a portion of her husband’s estate, in exchange for a promise of a certain sum (in one lump, or in installments, or in periodic payments until her death or remarriage) at his death, or upon the termination of their marriage. But similar arrangements are common when both the intended spouses both have children and wealth, and seek to assure the transmission of their own wealth to their own children when the marriage, for whatever reason, is terminated. These agreements are ordinarily enforceable, i.e., are contracts, though they usually have to be in writing because of the Statute of Frauds, and it is important if they are to be upheld to be able to show that both parties were fully informed and acted freely.

These antenuptial agreements and settlements should be distinguished from espousals or engagements to marry. These used to be (but only exceptionally are today) enforceable agreements to enter into marriage, for breach of which an action for breach of promise of marriage would lie. It was quite common, however, for these agreements to marry to be accompanied by antenuptial agreements and settlements, especially those by which some third party (especially the bride’s father) agreed to transfer wealth to his daughter, his prospective son-in-law, or the married couple jointly.

There is also a recent trend toward antenuptial agreements which deal not only or not at all with matters of wealth allocation between the parties, but with the day-to-day rights and duties of the spouses during the marriage, e.g., responsibility for child care and housekeeping, rules governing marital and extramarital sexual behavior, allocation of free time for work or hobbies, etc. These agreements vary in specificity and level of detail, but some published examples are quite detailed, dealing, e.g., with dishwashing schedules, obligations for tucking in infants, etc. It is not clear to what extent, if any, these contracts are enforceable at law. It is possible, of course,

for spouses validly to contract with each other, but there are questions about a court’s willingness to inquire into domestic matters, and more serious questions of remedies in a context where specific performance is out of the question, money damages are exceedingly difficult to estimate, and the equivalent of rescission of contract still requires divorce or an equivalent; i.e., marriage cannot be dissolved for breach of contract. See also palimony for the allied matter of agreements pertaining to quasi-marital relationships, i.e., for what might be called “antenuptial” contracts.

Concept of Antenuptial Agreement in the context of Real Property

A short definition of Antenuptial Agreement: An agreement made by a man and woman in contemplation of marriage, setting forth the property rights of each during the marriage, and in the event of divorce or death.

Antenuptial Agreement

Antenuptial Agreement