Prenuptial agreement

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Template:FamilyLaw A prenuptial agreement or antenuptial agreement, commonly abbreviated to prenup or prenupt, is a contract entered into by two people prior to marriage or civil union. The content of a prenuptial agreement can vary widely, but commonly includes provisions for the division of property should the couple divorce and any rights to spousal support during or after the dissolution of marriage.

There are two types of prenups: marriage contract for people who are married or about to be married, and cohabitation agreement for unmarried couples.

Laws around the world vary in their recognition of such agreements.

Historically judges in the United States frowned upon prenuptial agreements as corrupting what marriage was supposed to stand for, and often they would not recognize them. Nowadays prenuptial agreements are valid in all 50 states and the District of Columbia. However, they still may not be enforced. It's quite common to have legal advice to the effect that both parties should have lawyers present or a judge is likely to consider one of the parties coerced or otherwise taken advantage of. Prenups, by law, cannot limit the default guidelines set by child-support agencies. Thus, pre-nups are, at best, a partial solution to obviating some of the risks of marital property disputes in times of divorce. They are not the final word.

In England and Wales, prenuptial agreements remain generally unenforceable.

In Canada, prenuptial agreements are enforceable [1]. In many provinces, there are specific statutory provisions that define what a prenuptial agreement is and what can be contained in it. For instance, in Ontario, the Family Law Act [2] defines a marriage contract, which is a prenuptial agreement for married couples and a cohabitation agreement, which is a similar agreement for unmarried couples. In Canada, prenuptial agreements can generally contain any provisions regarding the division of property upon separation or even death. They can also deal with spousal support, although if the marriage is a long-term one where there are children, a court may be inclined not to follow the spousal support provisions if they are unfair. Generally, a prenuptial agreement cannot deal with child support or child custody.

Prenuptial agreements are now enforceable in Australia following changes to the Family Law Act in December 1995.

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