What is an Antenuptial Agreement, and Why is it important?

What is an antenuptial agreement?

An antenuptial agreement is a contract you and your spouse enter into before getting married. It is meant to resolve issues of child support and the division of finances, if either you or your spouse die, or terminate your marriage.

Are the terms in an antenuptial contract rigid?

Though an antenuptial agreement is a contract, typically a court will consider the circumstances of your divorce, should you file for one. An antenuptial agreement is, therefore, not a conventional contract.

What constitutes 'fairness' in an antenuptial agreement?

A fair provision is one that takes into account you and your spouse's relative wealth before the marriage. Your assets should be divided concerning fairness.

If a provision calls for most of the assets to be given to your spouse and not you, especially if you were the wealthier party before your getting married, it may be considered unfair.

Will unfair terms in the antenuptial agreement be enforced?

In an antenuptial agreement, your spouse may have inserted unfair terms in the agreement, depriving you of what is rightfully yours. If the court finds one of these terms to be exceedingly unfair to you, they may ignore the term outright.

My husband/wife lied to me before we got married, and hid some of his/her assets when we wrote our antenuptial agreement. Is the agreement still valid?

If your spouse hid any of his/her assets or finances from you and failed to disclose them on your antenuptial agreement, this is considered fraud. Both you and your spouse should have agreed with full knowledge of each other's assets, rights, and property.

If you choose to pursue legal action against your spouse for this fraud, the entire agreement can be rendered null and void.

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