Prenuptial Agreement

by Jason Hennessey

A prenuptial (commonly abbreviated as prenupt) agreement is an agreement entered between a man and a woman who intend to get married, just before they tie the knot. Various countries across the world have been recognizing prenuptial marriage agreement for a long time. However, the terms of the agreement may vary from country to country according to the laws of those particular countries. Despite that, there are some aspects that remain common to most of the constitutions across various countries which apply the agreement. For instance, many agreements will show how to partition family property in case of divorce and how to take responsibility of the spouse and the children in the event of marriage break-down.

Many countries such as Germany, Japan, Canada, Great Britain, France, and others have had marital laws of which some have prenuptial agreements included. According to these laws, both the brides and the groom's parties should have a lawyer representing each side to ensure that the law is enforced without any slip-up. At times, both camps may retain a private arbitrator to witness and approve a prenuptial agreement signing, to ensure that the event has taken place as expected by the laws of the country. Some judges and law offices recommend presence of both the bride and the groom family members and coverage by media, for instance, through video recording.

Most couples are in support of Prenuptial Agreement due to disputes that may arise and cause termination of marriage. The agreement protects the spouse's property and guarantees responsibility of the spouses to the children. However, since most of the times these laws are unenforceable, prenuptial agreement may not be powerful enough to limit the rights and alimony of both parties. Therefore, it may not be possible to set aside some assets and execute prenuptial agreement after the divorce of the said parties.

Apart from guiding on what to do in case of divorce, prenuptial agreement also dictates what to be done in case of death of one or both spouses. The agreement acts as a contract or a will to claim all your probate rights; on property, homestead, allowances, predetermined heir rights, right to stand as an executor or administrator of the property of the spouse.

Contrary to what majority of the couples may believe, asking to have prenuptial agreement does not necessarily mean you are anticipating divorce. Through this agreement, family assets, ties and inheritances can be preserved. In all the marriages, disputes are more likely to erupt. This does not necessarily mean that there is no trust between the family members. For instance, financial matters are like to arise, and need to be faced. Taking a prenuptial agreement ensures that all is protected.

However, it is important to discuss the matter of the agreement with your partner before walking down the aisle. Be open to each other without having to hide thoughts and feelings. This will ensure that your trust on each other concerning the future of the family is solidified. Else, prenuptial agreement can not guarantee you will live together, in health and sickness, in richness and in poverty until death do set you apart.

About the Author
Jason Hennessey is the President and founder of 1weddingsource.com, today's leading wedding social networking planning site. 1WeddingSource is a nationwide wedding directory of wedding vendors connecting brides from almost every major center in America.