You are much richer than your partner – A prenutial agreement can protect your existing assets from becoming common or matrimonial property. Judges examine prenaptial agreements in detail to look for anything that tends to provide a financial incentive for divorce. If a provision can be read to encourage divorce, the court will overturn it. Previously, the courts considered any provision detailing how property is divided as an encouragement to divorce, as society has an interest in opposing the divorce. That is why the judges pay so much attention to it. If you or your partner think a prenoptial agreement is the right choice for your financial future, openly and honestly discuss the pros and cons of the contract and give yourself enough time to make a preliminary agreement. Pay attention to what can and cannot be included in the agreement, and if you are both ready to move forward, you should hire experienced legal counsel to help you complete and file the required documents. When it comes to the future, nothing is ever guaranteed, but having a valid marriage contract before you decline your vows can give you both the peace and quiet you need to start your new life together. If you are considering getting a prenup, it will take a lot of time and consideration between you and your partner. Not only do you need to determine who is entitled to what in case of separation, but you also need to think about the future.

Will you have children? What will you do if one of you becomes unemployed? When should you make changes to your prenutial agreement? A prenup cannot include child support or custody issues. The court has the final say in the calculation of child support. The court determines child support based on a standard of “the best interests of the child,” with several factors at play. A court would never uphold a provision of a marriage contract that deals with child support, custody or access, as these are matters of public order. The court retains the power to decide what is in the best interests of the child and will not deny a child the right to financial assistance or the opportunity to have a relationship with a capable parent. When done right, prenaptial agreements can be a useful and easy way to avoid possible future conflicts. They are also a great way to start an ongoing and open conversation with your future spouse about your separated and shared finances. The more you talk about your finances and the life you`d like to have together, the easier it is to understand if you`re on the same page. A prenup cannot contain personal preferences, for example. B who has what tasks, where to spend the holidays, what name to use, details about parenthood or what relationship to have with certain parents. Marriage contracts are designed to solve financial problems. Any preliminary vision that deals with non-financial matters is not maintained.

Judges feel uncomfortable when they see private domestic matters included in a contract and often view the document as frivolous and overturn it. If you and your spouse want to have an agreement on such things, do so in a separate document that does not give the court the power to intervene.