My first marriage ended in a bitter
divorce. Iím considering getting married again
and would like to know how to protect myself.
Antenuptial agreements are very common,
especially when one of the parties is getting
married for a second time. Such agreements
provide for and are binding at time of
dissolution or separation of marriage. The
antenuptial agreement can actually serve as the
separation and property settlement agreement at
the time of divorce.
Some of the standard features of
such an agreement are the following:
One party has assets that he or she would
like to exclude from the new spouseís
inheritance or protect from possible alimony.
One spouse has business interests that he
or she would like to protect from the other in
the event of death, separation or divorce.
Each party would like to have separate
financial accounts or own separate properties.
In the event of dissolution of marriage,
neither party would make claim for support or
alimony upon the other party.
Each party waives the right of statutory
share, dower, or any right of elective share to
homestead, exempt property, family allowance, in
and to the estate of the other and agree to make
no claim of inheritance, descent, dower, curtesy,
homestead, maintenance or statutory share of the
estate of the other.
Each agrees to pay all of his or her own
expenses prior to the wedding.
Each party does consent and acknowledge
that the estate of the other party shall descend
or be disposed of by will to the heirs or
legatees or devisees of each of said parties,
free and clear of any claim by inheritance
dower, curtesy, maintenance statutory right and
other claim by husband or wife.
Each realizes that he or she is giving up
certain rights established by law, and that such
rights might well constitute a detriment and
each is willing to assume said detriment with
full knowledge and understanding thereof.