Editing Prenuptial agreement (section)

{{Short description|Written contract entered into by a couple before marriage or a civil union}}
{{About|the contract|the album by J. Stalin|Prenuptial Agreement (album){{!}}''Prenuptial Agreement'' (album)}}
{{Redirect|Marriage contract|the semi-binding contract intended as a promise to wed|Engagement|the South Korean television series|Marriage Contract{{!}}''Marriage Contract''}}
{{Family law|validity}}

A '''prenuptial agreement''', '''antenuptial agreement''', or '''premarital agreement''' (commonly referred to as a '''prenup'''), is a written [[contract]] entered into by a couple before [[marriage]] or a [[civil union]] that enables them to select and control many of the legal rights they acquire upon marrying, and what happens when their marriage ends by death or divorce. Couples enter into a written prenuptial agreement to supersede many of the default marital laws that would otherwise apply in the event of [[divorce]], such as the laws that govern the [[division of property]], retirement benefits, savings, and the right to seek [[alimony]] (spousal support) with agreed-upon terms that provide certainty and clarify their marital rights.<ref>{{cite journal |last1=Knight |first1=Lee G. |last2=Knight |first2=Ray A. |title=The Benefits and Limitations of Prenuptial Agreements: A Planning Opportunity for CPAs |journal=The CPA Journal |date=September 2013 |volume=83 |issue=9 |pages=62–66}}</ref><ref>{{cite journal |last1=Walzer |first1=Peter M. |last2=Riemer |first2=Jennifer M. |title=Premarital Agreements for Seniors |journal=Family Law Quarterly |date=Spring 2016 |volume=50 |issue=1 |pages=95–116 |publisher=American Bar Association}}</ref> A premarital agreement may also contain waivers of a surviving spouse's right to claim an [[elective share]] of the estate of the deceased spouse.<ref>{{cite journal |last1=Marcuccio |first1=Elizabeth A. |title=The Evolution of the Surviving Spouse under the Estates Powers and Trusts Law |journal=North East Journal of Legal Studies |date=2014 |volume=31 |page=50}}</ref>

In some countries, including the [[United States]], [[Belgium]], and the [[Netherlands]], the prenuptial agreement not only provides for what happens in the event of a divorce but also protects some property during the marriage, for instance in case of bankruptcy. Many countries, including [[Canada]], [[France]], [[Italy]], and [[Germany]], have [[matrimonial regime]]s, in addition to, or in some cases, instead of prenuptial agreements.

[[Postnuptial agreement]]s are similar to prenuptial agreements, except that they are entered into after a couple is married.<ref>{{cite web|title=Quit fighting -- get a postnuptial agreement|url=http://edition.cnn.com/2008/LIVING/personal/04/02/postnuptial.agreement/index.html|work=CNN LifeWire|publisher=Cable News Network|access-date=18 June 2012|author=Robert DiGiacomo|date=2 April 2008}}</ref> When divorce is imminent, postnuptial agreements are referred to as '''separation agreements'''.<ref>Alexander Lindey and Louis I. Parley, Lindey and Parely on Separation Agreements and Antenuptial Contracts 1.21[1] (1998). ''See'', ''e.g.'', ''Combs v. Sherry-Combs'', 865 P.2d 50, 54 (Wyo. 1993). ("A postnuptial must be distinguished from a separation agreement. A separation agreement, entered into by parties in anticipation of immediate separation or immediate separation or after separation, is favored in the law.")</ref>