A prenuptial agreement is a contract made before marriage that defines how certain financial issues will be handled if the marriage later ends. In plain language, it is an advance agreement about property, debts, and sometimes support.
Why It Matters
The term matters because prenuptial agreements can change the baseline rules that would otherwise apply in divorce. Their enforceability may depend on disclosure, voluntariness, fairness, and compliance with state-law formalities.
Where It Appears
The term appears in premarital planning, divorce litigation, support disputes, estate-planning coordination, and arguments about whether a contract should control marital property issues.
Practical Example
Two people plan to marry, but one owns a business and wants to define what remains separate property if the marriage ends. They may use a prenuptial agreement to set that expectation before the wedding.
How It Differs From Nearby Terms
- A contract is the general legal category; a prenuptial agreement is a contract tied to an upcoming marriage.
- Spousal support may be addressed in a prenup, but it is not the agreement itself.
- Divorce is the later proceeding where the prenup may be enforced or challenged.
Related Terms
Knowledge Check
- Is a prenuptial agreement automatically enforceable because both people signed it? Not always. Courts may examine disclosure, voluntariness, and compliance with state-law requirements.
- Why does a prenuptial agreement matter in divorce? Because it may control how property or support issues are handled if the marriage ends.