A prenuptial agreement is a legal agreement signed by engaged couples before marriage, providing for an agreed division of property if the marriage ends in divorce. It must meet five requirements to be binding in the US and may have a sunset clause. Some find it morally repugnant, but it can help keep significant assets separate or protect children’s assets. Hollywood prenuptial agreements may include clauses about sex, appearance, and adultery compensation. Some contracts may be contested during a divorce.
A prenuptial agreement, often shortened to “prenuptial,” is a legal agreement entered into by an engaged couple before marriage. It provides for an agreed division of property if the marriage ends in divorce. A similar agreement called a postnuptial agreement is signed after a couple is already married. Domestic partners may also have a cohabitation contract.
A prenuptial agreement often has what is called a “sunset” clause. This usually means that he becomes disabled after a specified period of time, or after the married couple has a child. Sunset clauses vary from state to state. If the sunset clause is ignored, the agreement is void. Some couples then construct a postnuptial agreement to change the terms of their marriage agreement.
In the United States, prenuptial agreements must meet five requirements to be binding. They must be in writing: oral prenuptials are not allowed. The signing of the agreement must be voluntary on behalf of both parties and must take place before a notary. It may be invalid if one partner fails to reveal something important and marries under false pretenses. Finally, the agreement cannot be morally or ethically unreasonable.
Some people and some religions find the prenuptial agreement morally repugnant. It is a statement that allows for the possibility of divorce and considers what to do in the event of a divorce. Couples may not want to consider how their marriage will end when they plan to stay married for life. Churches, such as the Roman Catholic Church, do not prohibit these types of arrangements, but they certainly frown upon them. Since a marriage is a lifelong commitment and sacrament to the Catholic Church, a prenuptial agreement simply doesn’t make sense and seems to contradict church teachings.
When couples marry and each has significant assets, a prenuptial agreement can help keep those assets separate in the event the marriage is dissolved. Couples who have children from previous marriages may also want to use one to protect their children’s assets. In Hollywood, and among the wealthy, these contracts are pretty standard.
Some are amazed at the provisions included in Hollywood prenuptial agreements. They can specify the minimum number of times the couple must have sex, often called a bedroom clause. They may also have agreements about a wife or husband, about maintaining a certain weight or appearance, and agreements about the number of children that will be allowed.
A Hollywood prenup could also have an increase in compensation for one spouse if the other spouse commits adultery. These terms seem to fly in the face of the “till death we part” part of the marriage ceremony. However, given the short length of some celebrity marriages, a prenup seems to make good economic sense.
Depending on the type of contract, some may be contested during a divorce. Changing circumstances may result in different allocations of spousal or child support if a marriage ends. Most lawyers who specialize in these contracts try to create “airtight” prenuptial agreements to protect their clients. However, many contentious divorces also include prenuptial agreement challenges.
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