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Chapter 1. Asset Protection > Prenuptial Agreements

Prenuptial Agreements

Prenuptial or premarital agreements can be of great assistance in protecting assets in the event of a divorce or when a person marries and wants to protect assets for the children of a previous marriage.

History

For many years husbands and wives were legally prohibited from making any contracts between themselves. Then in the 1800s, the laws gradually changed to permit husbands and wives to make contracts with each other by which they could agree about what assets would be held separately by either of them during the marriage. Other than that, prenuptial agreements, particularly to provide for property rights following a divorce, were prohibited. The thinking was that premarital agreements were against “public policy” because, it was argued, they encouraged divorce.


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