What Are Nuptial Agreements

By October 14, 2021Uncategorized

Disclosure cannot be waived as part of a post-marital agreement. [Citation required] Marriage contracts have long been recognized as valid in several European countries such as France, Belgium, the Netherlands, Germany, Poland, Switzerland, Sweden, Denmark, Norway and Finland. While in some of these countries there are limits to restrictions that courts consider enforceable or valid (e.g., Germany.B after 2001, where the courts of appeal have indicated this), a written and duly initiated contract that has been freely agreed cannot be challenged, for example, by arguing the circumstances in which the marriage was broken or the conduct of a party. In France and Belgium (as in Quebec, which has the same legal tradition), marriage contracts must be concluded in the presence of a notary. When drafting an agreement, it is important to recognize that there are two types of state laws that govern divorce – equitable distribution, which is practiced by 41 states, and community property, which is practiced in some variants by 9 states. An agreement drawn up in a State belonging to the Community should not be designed to regulate what happens in a State of equitable distribution and vice versa. It may be necessary to hire lawyers in both states to cover the possible case where the parties live in a state other than the state in which they were married. .