Articles Posted in Antenuptial Agreements

One of the more confounding issues facing people on the brink of divorce is the wisdom of pulling back and giving an unhealthy but possibly salvageable marriage a second chance.  The uncertainty may be the concern of one or both partners.  It may related to the catalyst for the divorce decision or concerns about trying again when substantial resources may have already been expended getting ready for the divorce. Continue reading ›

As I was relaxing on the beach during a recent vacation listening with guilty pleasure to a local Top 40 radio station, Ryan Seacrest and his band of cohorts interrupted the music to discuss the pros and cons of a new model for marriage that had been posited on the Internet and picked up with some seriousness in the mainstream media – a 10 year marriage contract.  Continue reading ›

wedding handA  prenuptial agreement (also called antenuptial agreement or premarital agreement) is a contract that parties enter into before a marriage (or a civil union) in which they make provisions for equitable distribution of assets and/or spousal support in the event of a divorce.   One New Jersey Court stated, “antenuptial agreements fixing post-divorce rights and obligations [are] … valid and enforceable” and courts should “welcome and encourage such agreements at least ‘to the extent that the parties have developed comprehensive and particularized agreements responsive to their peculiar circumstances’.”  D’Onofrio v. D’Onofrio, 200 N.J. Super. 361, 366 (App. Div. 1985). Continue reading ›