Exploring Prenuptial Agreements and Inheritance
Prenuptial agreements, or “prenups,” and inheritance laws are a common area of law that has been explored in iCivics more than once. What if we took a human concept and mixed it with something a little more extraterrestrial? Let’s look at the basic concepts of prenups and inheritance, but see how an alien would approach these agreements. As we know, prenups are premarital contracts that outline the division of assets and liabilities of couples in the event of death, divorce, or separation. Since death is treated as a separation of a marriage in certain cases, many prenups cover future inheritance as well. These agreements typically define what each party will get in the event of one partner’s death, and, in the absence of a prenup, property and legitimate children are generally inherited by a surviving spouse or biological children.
This means that every post-poned marriage ends with some distribution of property. Even Moonies and Scientologists, whose members are known for shunning relationships with their family and friends, will inherit each other’s property in the event that one of them dies. What can we learn from this about prenups and inheritance laws? Just like on Earth, aliens may have similar laws governing their marriages and inheritance. Let’s examine what they may be, based on some hypotheses. Similar to many Earth cultures, an alien’s prenup could work in a manner that the alien race would expect, and that is relatively similar to prenups of our day. For example, contract A could have the alien life forms set aside a portion of their assets for health care needs, while contract B would dictate the terms for which the surviving spouse could retain the donated property and assets until they die, if the alien or aliens were to die. In this scenario, the prenup would become a legally binding contract.
In other alien cultures, prenups may not exist at all, or hold no legal standing. For many aliens, legally binding contracts may only exist to prevent wars, but are not enforced or recognized by other alien races. In these societies, rather than prenups, there might be a structure that allows for free transfers of property. The assets and property that were once designated “prenuptial”, however, may become contested property in such a society. In this instance, either party could assert a claim to the property post-divorce, and inheritance rights would play a similar role to that of prenups in Earth culture; without a prenup, the law would tacitly award the property and assets to the deceased individual’s biological children and his or her spouse.
So, how can aliens and humans benefit from a prenup? We can summarize the benefits below: While prenups could serve similar purposes across the galaxy, if one of the alien parties dies without a prenup, the alien’s property could become contested property. In this case, the deceased party’s property may be inherited by his or her spouse and children, provided that they are biological in nature. As we know, if the comprehensive prenuptial agreement inheritance is not executed properly, or does not comply with the human state’s laws, it may fail, labeling the alien property as contested property.
Now, imagine that multiple planets decided to unite under one leadership. As the aliens traveled to other hypothetical planets and cultures, they would likely share details of their society’s laws with other planets and societies. In this scenario, the alien societies may create treaties governing prenuptial agreements. This treaty could apply to prenups, prenum contracts, and inheritance rights alike. In this case, the law governing prenuptial agreements to which each society subscribes would likely trump each “contract” that exists between alien and human prenups, as laws are not made in a vacuum.
Finally, in many Earth cultures, prenups are enforceable when cohabitation becomes the status quo for couples. Because prenups often become unenforceable when the parties begin to act as spouses do, in an alien culture this could impact the outcome of enforcement. Let us assume that the alien species in our example lives for a total of fifteen (15) Earth years, and can reproduce only four times during their life cycle. In such a society, prenups may be deemed invalid only after the alien has married (or “contracted”) four times within his or her life span. Humans, on the other hand, most often live for eighty-three years, on average, and procreate more frequently than four times. As it stands, aliens would not deem prenups valid after the sixth life cycle, but human beings would invalidate prenups after the fourth marriage, in such a society. Here, we have covered some basics of prenups and inheritance, as well as some possible approaches that aliens might take towards either marriage, prenups, divorce, or the inheritance of property from prior marriages. Next time you head out on your spaceship to outer space, think about how prenups and inheritance would be impacted in your theory of a galactic routine.