The courts take marriage contracts very seriously; However, they will not hesitate to invalidate it if they consider it inappropriate or unfair to either party. The 2010 Supreme Court`s Radmacher vs. Granatino case overturned the existing legal framework for them to recognize changes in social and legal views on the personal autonomy of married persons. [15] [16] Marriage contracts can now be applied by the courts, at their discretion, in comparative financial matters, pursuant to section 25 of the Matrimonial Causes Act 1973, as long as the three-stage cycling test is passed and it is deemed fair to do so taking into account the interests of a child in the family. Radmacher is of the view that the courts will implement a marriage contract freely entered into by each party and with full appreciation of its effects, unless it is not fair, in the prevailing circumstances, to maintain the parties` consent. The case has provided important relevant guidelines for all marriage contract cases since 2010. [17] Marriage contracts are a matter of civil law, so Catholic canon law does not exclude them in principle (e.g. B to determine the division of property among the children of a previous marriage after the death of a spouse). There are several reasons why one party (or even both parties) want to sign a valid marriage contract before getting married. In general, prenups protect assets that might otherwise be subject to marital property laws.
In particular, these documents can be used for: Laws passed by states that support UPAA/UPMAA have some differences from state to state, but this legal framework has certainly made it easier for legal practitioners to prepare enforceable marriage contracts for clients by clearly stating the requirements. For example, under Florida law, there is a very significant difference in what is required to enter into a legally binding marriage contract compared to a post-ïcoum contract. To effectively waive the rights of spouses normally available to a surviving spouse under Florida law (such as farms, election shares, exempt property, family allowances, etc.), the parties must disclose their assets and liabilities in full and fair to each other before entering into a contract. On the other hand, no financial disclosure is necessary to waive the same rights of the spouses in a pre-marital contract concluded before marriage. [30] However, if the lack of disclosure makes a prenup ruthless (unfair to a spouse) under Florida uniform law, it may not be applicable for these reasons. [31] A marriage contract is only valid if it is concluded before the marriage. After a couple`s marriage, they can draft a marriage contract. “Normally, you think of a marriage contract only for people who have considerable means of protection,” says Marcia Mavrides, a divorce lawyer in Massachusetts. “This is no longer always the case and, indeed, many millennial clients call on Mavrides Law (my firm) to support them with a prenup to protect them from their future spouse`s student debts and vice versa.
While these individuals have considerable earning potential, they recognize that they should be responsible for their own student loans. The best part is that these couples discussed their financial situation in great detail before entrusting a prenup project to lawyers, so there are no unpleasant surprises. “A marriage contract is a kind of contract concluded by two people before the conclusion of the marriage. This contract could encircl the responsibilities and property rights of each party for the duration of the marriage. More frequently, marriage contracts describe the conditions related to the distribution of financial property and responsibilities when the marriage is terminated. . . .