Law Library Articles
Top 10 Prenuptial Agreement Articles in the LegalMatch Law Library
Movies and television often capture two moments in a marriage: when one person proposes marriage to another, and when the vows are exchanged. But what happens between the proposal and the vows?
One possibility to consider is prenuptial agreements. These contracts allow you to structure certain aspects of your marriage that would otherwise be governed by standard legal rules. Some people feel that prenups make marriage less romantic. However, they can be an important safeguard for a number of practical concerns.
For example, if you have your partner sign a prenup, you can be sure that he or she loves you for your good looks and winning personality, rather than simply your extraordinary cash flow.
LegalMatch proudly presents its Top Ten Articles on Prenuptial Agreements:
1. Legal Rights for Second Marriages
If you or your spouse have been married before, the legal landscape can be very different the second time around. This article explores how to protect your property, handle spousal rights, and even addresses inheritance issues for children from your first marriage. It’s a must-read for anyone juggling the unique legal elements that come with remarriage.
2. Postnuptial Agreement Lawyers
Postnuptial agreements work similarly to prenuptial agreements, except they’re created after the wedding ceremony. Discover why some couples choose this path (for example, when significant assets are acquired mid-marriage) and how an attorney can help make sure the contract is enforceable. Get tips on how to approach the topic with your spouse without stirring unnecessary conflict.
3. Control of Money in a Marriage
Finances can be a huge stress factor in any relationship. This article examines how prenuptial (and postnuptial) agreements can clarify who manages certain expenses or investments within a marriage. It also touches on why transparent communication about debts and assets can help avoid power imbalances and future disputes.
4. Heart Balm Laws
Heart balm actions address legal claims like “breach of promise to marry” or “alienation of affection.” While not all states recognize these claims, they can intersect with prenuptial agreements that anticipate emotional or financial damages if an engagement or marriage ends abruptly. Learn which states allow these suits and how they might impact your marital contracts.
5. Prenuptial Agreements and Wills
When you create a prenup and also have a will, which takes precedence? This article shows how a prenuptial agreement can work alongside your estate plan and clarifies what happens if there’s a conflict between the two. It’s essential reading for those who want their wills to align with the conditions they set forth in their prenuptial agreement.
6. Barry Bonds’ Case’s Effect on Prenuptial Agreements in California
Barry Bonds will be remembered for many things, including a landmark legal battle that influenced California’s prenup laws. The state’s Supreme Court ruling in his case confirmed that spousal support could be a valid subject in prenuptial agreements if handled fairly. Read how this court decision can affect your own prenup if you’re living in or moving to California.
7. Fighting a Prenuptial Agreement
Sometimes, couples regret the prenuptial deals they made. This piece highlights the main arguments courts consider when deciding whether to invalidate a prenup, such as lack of full asset disclosure or signing under duress. It offers pointers on how to recognize warning signs and what to do if you believe your agreement is unfair.
8. Cohabitation Agreements
For couples who live together but aren’t quite ready for marriage, a cohabitation agreement may help. It addresses similar issues as prenuptials, like property rights and debt, but applies to unmarried partners. Learn how these pacts can prevent future legal troubles if the relationship dissolves or if one partner passes away unexpectedly.
9. Postnuptial Agreement Requirements
Already married but want to sort out finances and property? A postnuptial agreement can clarify obligations and asset divisions. This article explains legal requirements like full disclosure, fair terms, and written contracts so that courts are more likely to uphold your postnuptial if tested.
10. Spousal Support Provisions in Prenuptial Agreements
Can you waive alimony before marriage? How do courts react if one spouse would be left destitute under the prenup’s spousal support clause? Here, learn what states allow couples to predetermine support obligations and under what circumstances a judge might decide such provisions go too far.
If you have questions about how prenuptial agreements work in your state or need help drafting or reviewing an existing prenup, consider consulting an experienced family law attorney. These agreements can be powerful tools, but they must be carefully structured to stand up in court and protect everyone’s best interests.
