![]() |
||||||||||||||||
|
||||||||||||||||
|
Prenuptial agreement
Prenuptial agreementA legal contract signed by two people before they get married. it typically involves limitations on a spouse's rights to property, support, and inheritance upon divorce. RELATED TERMS-------------------------------------- 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. 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-------------------------------------- Prender Prender or prendre.To take. This word is used to signify the right of taking a thing before it is offered,; hence the phrase of law, it lies in render, but not in prender Prendre Prendre or prender. To take. This word is used to signify the right of taking a thing before it is offered,; hence the phrase of law, it lies in render, but not in prender PREVIOUS AND NEXT TERMS-------------------------------------- Premises 1) That which is put before. The word has several significations; sometimes it means the statements which have been before made; as, I act upon these premises; in this sense, this word may comprise a variety of subjects, having no connexion among themselves. 2) Estates. Lands and tenements are usually, called premises, when particularly spoken of; as, the premises will be sold without reserve. 3) Conveyancing. That part in the beginning of a deed, in which are set forth the names of the parties, with their titles ana additions, and in which are recited such deeds, agreements, or matters of fact, as are necessary to explain the reasons upon which the contract then entered into is founded; and it is here also the consideration on which it is made, is set down, and the certainty of the thing granted. 4) Equity pleading. That part of a bill usually denominated the stating part of the bill. It contains a narrative of the facts and circumstances of the plaintiff's case, and the wrongs of which he complains, and the names of the persons by whom done, and against whom he seeks redress. Premium Contracts. The consideration paid by the insured to the insurer for making an insurance. It is so called because it is paid primo, or before the contract shall take effect. Premium pudicitiae Contracts. Literally the price of chastity. Prender Prender or prendre.To take. This word is used to signify the right of taking a thing before it is offered,; hence the phrase of law, it lies in render, but not in prender Prendre Prendre or prender. To take. This word is used to signify the right of taking a thing before it is offered,; hence the phrase of law, it lies in render, but not in prender Prenuptial agreement Prepense The same as aforethought. Preponderance A word describing evidence that persuades a judge or jury to lean to one side as opposed to the other during the course of litigation. In many states, criminal trials require evidence beyond a reasonable doubt. But in civil trials, evidence is required only by preponderance of the evidence. The judge (or jury, where applicable) will perceive the evidence of one side as outweighing the other based on which side has the most persuasive or impressive evidence. The strength or "weight" of evidence is not decided by the sheer number of witnesses because the judge decides on the credibility of witnesses and give their testimony weight accordingly. The side with the preponderance of evidence wins the case. Preponderance of proof Greater weight of the evidence, the common standard of evidence in civil cases. Prerogative 1) Civil law. The privilege, preeminence, or advantage which one person has over another; thus a person vested with an office, is entitled to all the rights, privileges, prerogatives, &c. which belong to it. 2) English law. The royal prerogative is an arbitrary power vested in the executive to do good and not evil. Prerogative court eccles. law. The name of a court in England in which all testaments are proved and administrations granted, when the deceased has left bona notabilia in the province in some other diocese than that in which he died. We thank you for using the Juridical Dictionary to search for Prenuptial agreement. If you have a better definition for Prenuptial agreement than the one presented here, please let us know by making use of the suggest a term option. This definition of Prenuptial agreement may be disputed by other professionals. Our attempt is to provide easy definitions on Prenuptial agreement and any other medical topic for the public at large.
|
|||||||||||||||
| © Juridical Dictionary 2005. All rights reserved. | ||||||||||||||||