What is a prenup? prenup Definition:
if you want to know what’s prenup meaning you are in the right place. in this article, I will define a prenup, explain prenup meaning and give will you the condition that makes a prenup valid in the USA.
what’s a prenup?
pronouns pre·nup /prēˈnəp/
A prenup is a marriage agreement or marriage contract, made by a couple before they marry or have a civil union, concerning financial rights, and sometimes other rights, which seeks to minimize the potential risks in the unhappy event that their marriage ends in divorce. It is a domestic contract under the family laws. usually, prenups are dealing with the way the martial property are divided in case they decide to divorce or in the case of spouse death.
Synonym: antenuptial agreement, marriage contract , premarital agreement, prenup or prenupt
The property discussed in the premarital agreement, include among other thing money, house, income, debt, investment etc.
Usually, prenups concerning money and assets bus sometimes it has other things, for example, Jewish prenup has different meaning and may include a paragraph about the Prevention of Get-Refusal.
In a few nations, including Belgium and the Netherlands, the marriage contract not just accommodates the occasion of a separation, additionally to secure some property amid the marriage, for example, if there should arise an occurrence of a bankruptcy.
The laws concerning prenuptial agreement varies among states and nations, there for each agreement should be written by a professional than is aware of the laws in the specific locations of the couples.
the prenuptial agreement can be a marriage contract for soon to be married couples or a cohabitation agreement for couples living together.
Prenup by the law of UNITED STATES
In the United States, prenuptial agreements are accepted by the law in all states.
for the prenup to be accepted there are 5 things that should take place:
- the prenup should be written down and not verbal.
- both parties should sign it before a notary public.
- in the time of the agreement, there should be full disclosure.
- it can not be unconscionable.
- no side can be coerced to sign the prenup.
what things a prenup can not include in most states
- anything illegal
- make rules about day to day behavior like where to go on vacations or where to hang a picture.
- a prenuptial agreements purpose is to keep the marriage and to cause a divorce, therefore, prenup can’t include the clause that can be considered an incentive for a divorce.
- a prenup can not include decisions concerning child custody or support. the favor of the child can’t be subject for a prenup and the only the court can decide on such matters.
- on the same note visitations right can be decided in the prenup.
- the prenup can’t contain anything that is blatantly unfair.
in the united kingdom, a prenup is not legally binding. court consider them when reaching a decision but are not obligated by it.