Jenny April 8, 2021

Marital agreements or prenupes have long been the “Plan B” for engaged couples. They require future spouses to negotiate the division of property and liability for the debts they hold, if their marriage takes a bad turn. But the same questions may arise at some point, or become more important — long after they have tied the knot. Although the Law Commission`s recommendations have not yet been implemented, couples should expect to be bound by the terms of their marriage pact if they meet four important requirements: it is fair to say that it is often more difficult to convince a spouse to sign a post-Nup than a pre-nup. With a pre-Nup, there is an emphasis on marriage and it is usually clear why a person would want a pre-nup. In post-Nup discussions, there is often no particular “hook” to convince the other spouse to participate in the discussion/sign the document. People may see it as an indication that marriage is in trouble, while the proposal is usually made for one of the reasons mentioned above. Often, an incentive to sign a post-nup may consist of now proposing more favourable terms than if there were a divorce without a marriage contract, but which will decrease over time. In California, a couple may waive their property-sharing (co-ownership) rights through a prior contract. [54] The agreement may limit sp assistance (although a court may set it aside in the event of a divorce if it considers the restriction to be unacceptable).

The agreement can be used as a contract to make a will that requires one spouse to take care of the other in the event of death. It may also restrict inheritance law in the event of death, such as the right to inheritance allowance, the right to execution, the right to take as a predetermined heir, etc. [34] In California, registered national partners may also enter into a prenup. Post-marriage agreements are treated very differently in California law. Spouses have a fiduciary duty to each other, so pre-marital agreements fall into a particular category of agreements. There is a presumption that the post-parental agreement was obtained by undue influence when a party gains an advantage. Disclosure cannot be abandoned as part of a post-marriage agreement. [Citation required] If a couple moves to England after signing a marriage agreement in another country, they should consider whether that agreement is recognised in England and, if not, enter into a new agreement here that respects those principles.