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Legal Definitions - marriage article
Definition of marriage article
A marriage article refers to a specific agreement or condition made by a couple before they get married, with the clear intention of formally including that agreement in a postnuptial agreement after their marriage. It's essentially a preliminary understanding or promise made prior to marriage that is later formalized into a legally binding document once the couple is wed.
Example 1: Financial Management of Separate Assets
Before their wedding, Sarah and Tom, both successful professionals, discuss their financial futures. Sarah owns a significant investment portfolio, and Tom has a thriving consulting business. They agree that after marriage, they will keep their pre-marital assets separate but will establish a joint account for household expenses, with a specific contribution ratio. They intend to formalize these arrangements in a postnuptial agreement within the first year of their marriage.
This pre-marital discussion and agreement about asset separation and joint expense contributions, made with the intent to include it in a postnuptial agreement, constitutes a marriage article.
Example 2: Protecting a Family Business
David is set to inherit a family farm that has been in his family for generations. Before marrying Emily, they discuss how the farm's ownership and future profits would be managed in the event of a divorce. They agree that the farm will remain David's separate property and that Emily will not have a claim to its ownership or future appreciation, though she will benefit from a share of its operational profits during the marriage. They plan to document this understanding in a postnuptial agreement shortly after their wedding.
The agreement between David and Emily regarding the family farm's status and profit sharing, made before marriage with the intent to formalize it post-marriage, is a marriage article.
Example 3: Future Inheritance of Property
Maria's elderly parents plan to gift her a vacation home after her marriage to Alex. Before the wedding, Maria and Alex agree that this future gift will be considered Maria's separate property and will not be subject to division in case of a divorce. They decide to include this specific understanding in a postnuptial agreement to be drafted a few months after their marriage, once the property transfer is complete.
The pre-marital agreement between Maria and Alex concerning the future vacation home's status as separate property, made with the intention of formalizing it in a postnuptial agreement, serves as a marriage article.
Simple Definition
A "marriage article" is a specific agreement or condition made by a couple before their marriage. This premarital stipulation is intended to be formally incorporated into a postnuptial agreement, which is a contract created after the marriage has taken place.