Juridical Dictionary

This dictionary contains:
8526
juridical terms

Antenuptial agreement






Antenuptial agreement

A legal contract signed by two people prior to marriage which states limitations to spouse's rights to property, support, or inheritance if the marriage ends in divorce.

RELATED TERMS
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Legal
That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust.

Contract
A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract.

People
A state.

Marriage
A contract made in due form of law, by which a free man and a free woman reciprocally engage to live with each other during their joint lives, in the union which ought io exist between husband and wife. By the terms freeman and freewoman in this definition are meant, not only that they are free and not slaves, but also that they are clear of all bars to a lawful marriage.

States
By this name are understood in some countries, the assembly of the different orders of the people to regulate the affairs of the commonwealth, as, the states general.

Property
Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property.

Support
The right of support is an easement which one man, either by contract or prescription, enjoys, to rest the joists or timbers of his house upon the wall of an adjoining building, owned by another person.

Inheritance
1) Estates. A perpetuity in lands to a man and his heirs; or it is the right to succeed to the estate of a person who died intestate. 2) The property which is inherited is called an inheritance. 3) Among the civilians, by inheritance is understood the succession to all the rights of the deceased.

Divorce
The divorce is the legal ending of a marriage. Divorcing refers to limited aspects: to get a judgment of divorce and to make arrangements for distribution of property, child custody and spousal support, in some cases. A divorce starts with a petition (complaint) made by spouse (petitioner) and ends with an order for divorce called judgment. The petition is a standard document for divorce that shows the facts and issues and what the petitioner wants. After being filed with the court, it is served on the other spouse to give notice that the divorce case has started. Then the other spouse (respondent) can file a response, if necessary, but within a stated time (30 days after the petition is served). If a response is filed, the divorce case is “contested” and if there is no response, the case is “uncontested”. The uncontested divorce is relatively simple: it consists in paperwork and red tape to judgment. Some couples might need working out a written marital settlement agreement. A petitioner’s appearance in court might be required, although many states have procedures that don’t require hearing. Contested divorce has many complicated steps, the presence of a lawyer being very helpful and efficient in saving time and emotional stress. A contested divorce can become uncontested if one spouse simply drops out of the contest or if the spouses reach an agreement. About 95% of all divorce cases are able to reach agreement and settle without the need to go to trial. Collaborative divorce involves two clients and two attorneys who work together to reach a settlement with best possible result for both parties after negotiations of financial issues and custody. The law is used to impose a decision only when there is a disagreement brought into court. When children are involved, the judge might take a look at the terms to make sure they are well supported and protected.



SIMILAR TERMS
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Ante
(United Kingdom) Before.

Ante litem motam
Before suit brought, before controversy moved.

Ante-nuptial
What takes place before marriage; as, an ante-nuptial agreement, which is an agreement made between a man and a woman in contemplation of marriage.

Antecedent
Something that goes before. In the construction of laws, agreements, and the like, reference is always to be made to the last antecedent; ad proximun antecedens fiat relatio.

Antedate
To put a date to an instrument of a time before the time it was written.

Antenati
Born before.

Antenuptial
An event or document which pre-dates a marriage. For example, an "antenuptial agreement" is one which is signed before marriage. A antenuptial gift is a gift given by one spouse to the other before marriage.



PREVIOUS AND NEXT TERMS
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Antecedent
Something that goes before. In the construction of laws, agreements, and the like, reference is always to be made to the last antecedent; ad proximun antecedens fiat relatio.

Antedate
To put a date to an instrument of a time before the time it was written.

Antenati
Born before.

Antenuptial
An event or document which pre-dates a marriage. For example, an "antenuptial agreement" is one which is signed before marriage. A antenuptial gift is a gift given by one spouse to the other before marriage.

Ante-nuptial
What takes place before marriage; as, an ante-nuptial agreement, which is an agreement made between a man and a woman in contemplation of marriage.

Antenuptial agreement

Anthetarius
Obsolete. The name given to a man who endeavors to discharge himself of the crime of which he is accused, by retorting the charge on the accuser.

Antichresis
Contracts. A word used in the civil law to denote the contract by which a creditor acquires the right of reaping the fruit or other revenues of the immovables given to him in pledge, on condition of deducting, annually, their proceeds from the interest, if any is due to him, and afterwards from the principal of his debt.

Anticipation
The act of doing or taking a thing before its proper time.

Anti-manifesto
The declaration of the reasons which one of the belligerents publishes, to show that the war as to him is defensive.

Antinomy
A term used in the civil law to signify the real or apparent contradiction between two laws or two decisions.

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This dictionary contains 8526 terms.