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CHAPTER 1. Premarital Agreements

Elizabeth and Joe, both 38, plan to marry. Elizabeth owns and is the president of her own company, which has profits of more than $5 million per year. Joe, a consultant, has an income of $110,000 per year. Elizabeth would like to have a premarital agreement to protect her interest in her company and her income. What are the criteria for a valid premarital agreement?

A premarital agreement--also referred to as an antenuptial agreement--is a contract entered into by two people before they marry. The agreement usually describes what each party's rights will be if they divorce or if one of them dies. Premarital agreements most commonly deal with issues of property and support, describing the property and support, if any, to which each party will be entitled in the event of divorce or death.



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The American Bar Association Guide to Marriage, Divorce & Families
Copyright © 2006 American Bar Association