It is also advisable for each of you to seek separate legal advice. In this way, both parties can understand and conclude the agreement with confidence, because they know what will happen in the event of a divorce. The first thing I noticed was that the overwhelming majority of reddit officials recommend getting a marital deal before they get married. Contracts are binding if each person gives something to the contract and receives something. Don`t forget. You pay a store for a pair of shoes. You`ll have the shoes. This is a “reflection” on the basis of contract law. In a marital agreement, we often lack reflection. As a general rule, a spouse who has no money gives most of his marital rights, as conferred by law on the partner of the money.
The right to marry the other (although indicated in the prenup as “reflection”) is reciprocal. They both marry, so that some of them are the same. The less moneyless spouse loses more. Where is the idea, on the other hand, to compensate for this? This serious imbalance is present in almost all prenups. In addition, prenupes are often “feathers” on the less money-hungry spouse, often after the engagement has been established. If you and your partner wish to make a marriage pact, you should seek definitive advice to ensure that any documents you both sign are legally binding. Judges are also cautious that marital agreements are “forced” to partners who were not satisfied with the impact but did not feel they could say no. If it turns out that a prenup was signed under duress or that one of the spouses was suffering from ill mental health at that time, it can sometimes leave enough legitimate doubts to have a judge question the validity of the prenup. In a recently won case, Allard/Allard, the Court of Appeal ruled on a case in which the parties executed a pre-marital agreement prior to marriage and the woman would challenge it in her subsequent divorce. During the marriage, the husband had used several LLCs to purchase real estate.
The pre-marital agreement provided that the husband, as a separate property, would retain all the property he had acquired during the marriage in his individual name. The Court of Appeal held that an LLC is a self-governing entity under the law, so that the property of an LLC was not the property of the husband. Since the pre-marital agreement did not exclude from the matrimonial estate the income received during the marriage, the court could consider the property acquired with the matrimonial income as marital property. Why is this distinction so important? Indeed, the Court of Appeal held that the court could take real estate assets into account in determining the division of property in the divorce. This case gives one piece of advice: people are well advised to take care of the income that will be collected during a marriage in their pre-marital agreements. Yes, it is possible to challenge a marital agreement. However, there must be legitimate reasons for a judge to consider this issue.