Often, the initative party (or his lawyer) says, “You can put the pre-marital contract in a drawer and forget about it.” It`s not true. The pre-marriage treaty should not be forgotten and will probably be legally binding as soon as it is removed from the drawer. One of the essential elements of an international marriage agreement is the choice of jurisdiction under which the agreement is drawn up. Of course, lawyers should not be bound to their own jurisdiction as the “homeland” of the agreement. It must also be recognized that silence on the choice of the law is, in many ways, equivalent to the explicit selection of that jurisdiction. To make sure it doesn`t hurt marriage, a prenup doesn`t have to be mandatory. It is also a precondition for enforceable preparation. Each party must accept the conditions freely and voluntarily. If the agreement is not forcibly, it is likely that the parties will support it if there is an initiating event that will bring it into play. There is no better way to get to a real meeting of minds than to face up to face in mediation meetings with an experienced Mediator from Prenup.
Will the agreement attempt to impose lifestyle and behaviour standards? These include, for example, a non-children clause, an infidelity clause, a religion clause, no drug use clause or non-criticism under the divorce clause. These provisions can be applied in a particular jurisdiction on the basis of public policy considerations and must be treated with care and attention. There have been many articles in the Huffington Post and elsewhere on the Internet where the benefits of marital agreements, such as.B. “Why engaged couples should sign a prenup.” These articles usually talk about how resolving and resolving money issues before marriage is a good thing. However, they do not take into account the very important component of most good marriages: the shared use of money and resources. So prenupes are not necessarily the best thing to do since the bread cut — they can cause a lot of problems for future spouses. However, marriages can be very useful for people who enter into a second marriage and have children from the first marriage. An agreement may reconcile the spouse`s loyalty to the new spouse with the spy`s concern with loyalty to the children of the first marriage. Each state has its own laws, which regulate distinct types of property and types of marital property (some states use “collective property laws,” which often impose 50/50 sharing). After separation by death or divorce, the court separates all marital property according to state law.
To prevent a court from deciding what is done with your property during your marriage, you can use a marriage agreement. If the party who initiated the pre-marital contract is entitled to a “better” result obtained by the state`s divorce laws, this “best” result is by definition unfair and results from an overshoot.