What is an antenuptial agreement?
An antenuptial agreement is one made prior to the parties’ marriage. It disposes of property and alimony rights to a spouse in the event that a marriage should fail. Normally, the intent of an antenuptial agreement is to deny a spouse an interest in assets held in the full name of the other at the time of the marriage. By executing an agreement, the parties have agreed not to allow the court to resolve questions of alimony and equitable. Distribution. These agreements are enforceable provided that there is full disclosure both parties as to their financial conditions, including assets and income. The agreement is null and void if one spouse is left destitute. An agreement which leaves one souse with a standard of living far below which was enjoyed during the marriage may not be upheld by the court. The courts will also make sure that there is no fraud or duress in the execution of the agreement.
