Duhaime's Law Dictionary


Pre-nuptial Agreement Definition:

A contract entered into by prospective spouses prior to marriage but in contemplation and in consideration thereof.

See, also,  Pre-Nuptial Agreements - Just In Case.

In Friedlander, Justice Stafford of the Supreme Court of Washington wrote:

"A pre-nuptial agreement is one entered into by prospective spouses prior to marriage but in contemplation and in consideration thereof.

"By it, the property rights of one or both of the prospective spouses are determined or are secured to one or both of them or to their children....

"A pre-nuptial agreement freely and intelligently made is generally regarded as conducive to marital tranquility and the avoidance of disputes about property in the future....

"On the other hand, post-nuptial agreements or settlements are made after marriage between couples still married. They take the form of separation agreements; property settlements in contemplation of a separation or divorce; (or) property settlements where there is no intention of the parties to separate."

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