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Where Did Prenuptial Agreements Come From

In the past, in England and Wales, marital agreements had not been considered legally applicable in England and Wales for public policy reasons. The courts do not allow for a decision on custody of children. Nor do they stick to a marital agreement on a certain amount of child care, particularly when it is less than what the court would normally grant under the government`s child welfare guidelines. But when it comes to marriage assistance (dependant) or the division of marital property, courts rarely have difficulty enforcing the terms of a conjugal agreement. Marital agreements date back to ancient Egypt. In fact, one of the first known prenups is more than 2000 years old. At the time, marital agreements were not documents written by lawyers representing the rights of each spouse. Rather, they were written or oral contracts that fixed the property that each spouse would bring to the marriage. They were used to establish the bride`s dowry and the bride`s fortune – the price a groom would pay to the bride`s family in exchange for the marriage. During this period and during the first 75 years of the independent country, marital agreements were drawn up to ensure that women were not left destitute if their husbands died, became “drunk” or disappeared. In the United States, marital agreements are recognized in the 50 states and the District of Columbia, and are enforceable if prepared in accordance with state and state requirements. It has been reported that the demand for marriage contracts in the United States has increased in recent years, especially for millennial couples. [19] [20] [21] [22] In a 2016 survey conducted by the American Academy of Matrimonial Lawyers (AAML), member lawyers reported that the total number of clients seeking premarital marriage arrangements has increased in recent years, particularly with the Millennial generation, with the greatest interest in protecting capital gains in the case of separate ownership, inheritance and shared ownership.

[23] In most cultures, the idea of marrying for love is a new invention. Traditionally, marriages have been concluded as transactions to help families, communities and countries achieve economic and statutory benefits. As a result, most of these marriages had written or oral agreements dealing with everything from how the bride and groom would be treated by each other`s families, to how much money would be exchanged and according to what schedule. During this period, marital arrangements were mainly used by wealthy families to protect their daughters` property. This practice dominated until the early 1950s, when divorce laws began to change across the country. However, courts are often skeptical of these marital agreements and would not always apply them. Some experts believe that millennials have more doubts about the longevity of marriage in general. Why would millennials judge with more skepticism the traditional promise “Until death to separate us” than previous generations? This may be because millennials have been more exposed to divorce and its consequences than any previous generation. Only 62% of millennials were raised by both parents, while 85% of boomers (1946-1964) were raised by both parents. (Source: Pew Research Center, Missing Mom or Papa, March 22, 2010.) Millennials have had divorce from family and friends with high rates, and they are not na├»ve and want to protect themselves from it. This may also explain why this generation did not rush to the altar.

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