Guam Model Letter to Client regarding Antenuptial Premarital Agreements - informational
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FAQ
They were considered against public policy because it was thought that they encouraged divorce and allowed the husband to thwart his legal obligation to support his wife. Prior to that time, they were valid to the extent that they pertained to the death of one spouse.
An antenuptial agreement or a prenuptial agreement is an agreement made between parties before getting married, permitting them to individually retain certain assets during the marriage and after the marriage if divorce arises.
Premarital agreements aren't the only way to protect family wealth in marriage. Other options may take their place or work in conjunction with them: Postnuptial agreements. As the name suggests, postnuptial agreements (or ?postnups?) are signed after the wedding has occurred.
Prenuptial agreements, also known as antenuptial agreements, are marital contracts that are entered into before marriage. These contracts clarify matters such as who gets what properties and assets in a divorce.
The only difference between the two agreements is that Prenup agreements are entered into before marriage or civil partnership, whereas Postnup agreements are formed afterwards.
The Statute of Frauds, which is in effect in most states, requires that a contract made in consideration of marriage or a promise to marry, other than mutual promises to marry, must be in writing and signed by the party against whom it is to be enforced.
EXAMPLE: Before Tiffany and Mark marry, they sign an agreement that in the event of divorce or separation, Tiffany is to receive $75 per week alimony from Mark. Under prior state decisions this antenuptial agreement would be void.
An antenuptial agreement or a prenuptial agreement is an agreement made between parties before getting married, permitting them to individually retain certain assets during the marriage and after the marriage if divorce arises.
