On the other hand, a marriage agreement can give specifications, so that some acquired assets cannot be split after a divorce. Yes, for example. B, a spouse runs his own business, the agreement may provide that the income from this transaction was the result of that spouse. A similar provision may apply to shares owned by a spouse before marriage or other assets that could generate income during the marriage. There are many possible provisions that a marriage agreement can impose. However, there are some points that cannot be included in this agreement. These objects are not enforceable by law and the attempt to include them may nullify all or part of the agreement. It is important to avoid all child care and assistance provisions being included in a prenupe. Only the courts are allowed to make enforceable custody and access orders, after having the best interests of the child on the basis of the mass law. Gen,, chap.
208, No. 31. In addition, the Commonwealth imposes minimum child care requirements, calculated on the basis of common legal guidelines and parental obligations. If any of these situations apply to your impending marriage, you should consider writing a marriage pact with the help of a family lawyer. Such an agreement will simplify the distribution of divorce property should this happen. If you decide not to enter into a marriage agreement, you may find that assets for which you have worked hard or which have a particular sentimental value to you are vulnerable. "You`d have to be crazy not to have a prenup before the wedding," she says. "You insure your car, your home, your health - you should insure your insurable fortune against divorce. It`s not about love, it`s just a business issue. A good lawyer -- well, two lawyers, in fact -- will ensure that a prenup meets everyone`s needs and withstands all legal challenges.
The law treats marriage as a contract between two people. Therefore, if a couple does not create a legally binding agreement to the contrary, the law will govern their property rights in the state in which they live. A marriage convention is like insurance. You should have a prenup in the event of a divorce, just as you only have non-life insurance for fire and life insurance in the case of premature death. In addition, states generally have strict schedules for executing a prenup that must be tracked for it to be considered valid. For example, you may need to have it performed a number of days before the wedding, or you will need to specify some time for all parties to verify it before signing. Hiring a Prenup lawyer makes this process easier, as lawyers can ensure that all procedures are followed. Although they are often simply seen as a way for the rich to protect their property when they marry someone less prosperous, this is not the only purpose of a marriage deal.
Indeed, a marriage agreement can be a good way to start your marriage in a spirit of openness and honesty. "Preconjugal agreements can be decisive in protecting the interests of both you and your close spouse," says Ted Bond, who has established a family and business practice in Illinois.